Statutes  and  Ordinances 


RELATING  TO  TIIE 


CITY  COMMISSIONER’S 

0  + 

DEPARTMENT, 


PRINTED  BY  ORDER  OF  THE  MAYOR  AND  CITY  COUNCIL 

OF  BALTIMORE. 


JULY,  1395. 


Baltimore): 

WILLIAM  J.  C.  DULANY,  City  Printer. 
No. ^8  Baltimore  Street,  East. 


1895. 


352.0752<b 

9- 1  ©  T  ( 

\%3  &  Remote  STo^ 

©ABLE  OP  (iONTBNTS. 


STATUTES. 


SEC.  PAGE. 

Bridges. 

35  In  Annex .  26 

34  Power  to  buy .  26 

) 

Conduits. 

32  For  telephone,  telegraph 
and  Electric  wires .  24 

Labor. 


1  Hours  of  labor,  city  em¬ 
ployees  and  exceptions .  9 

Railroads. 

2,  3,  4,  5,  6,  Not  to  use  certain 
streets  for  tracks . 9,  10,  11 

Sewers. 

7  Power  to  repair  .  12 

8  Obstruction  of .  12 

9  Power  to  construct.  ...12,  13,  14 

10  Benefits .  14 

11.  Notice  before  passing  ordi¬ 
nance.: .  14 

12  Notice  after  passing  ordi¬ 
nance . 14 

13  Cost,  city’s  share  of .  14 

Streets. 


15  Power  over  streets......  15,  16,  17 

16  Nqtice  before  passing  ordi¬ 
nance.  opening,  etc .  17 

17  Notice  after  passing  ordi¬ 
nance .  17 

18  Grades,  puv>er  to  establish, 

change,  etc .  18 


SEC.  PAGE. 

19  Power  to  pave,  etc . 18,  19 

20  Grading  and  paving  on  ap¬ 
plication  of  owner .  19 

21  Collection  of  tax,  grading, 

paving,  etc .  20 

22  Streets  opened  to  be  public 

highways .  21 

23  Owner  of  streets  for  pur¬ 

poses  of  applying  to  the 
city  to  open .  21 

24  Notice  to  be  given  where 

real  estate  has  been  divided 
and  calls  for  streets,  etc. ...  21 

25  Streets,  when  public  high¬ 
ways .  22 

26  Cleaning  private  streets, 

wharves,  etc .  22 

27  Grading  and  paving  foot¬ 
ways . 22 

28  Grade,  when  altered  on  cer¬ 
tificate  of  Board  of  Health.  23 

29  Turnpikes  in  city  may  be 

ceded . . .  23 


30  Turnpikes,  etc.,  may  be  pur¬ 


chased  .  24 

31  Power  to  regulate  use  of 

streets,  etc.,  by  railroad 
tracks,  gas  pipes,  poles  and 
wires .  24 

32  Conduits .  24 

33  North  avenue,  a  public 

street .  25 


Turnpikes. 


29  May  be  ceded  to  city  when.  23 

30  Power  to  purchase .  24 

34  Power  to  purchase  and 

make  the  same  public  high¬ 
ways . . .  26 


672207 


ORDINANCES 


SEC.  PAGE. 

Accounts . 

29  System  of . , .  39 


Bolton  Lot. 

85  City’s  control  of . 62,  63,  G4 

Brush  Company. 


216  May  erect  lines  of  wires, 


217  Approval  of  Commissioners.  125 

City  Commissioner . 

164  How  appointed . . .  102 

164  Assistants .  103 

165  Assistants’  duties .  103 

166  Assistants’  duties .  103 

167  Assistants’  duties .  104 

168  Clerk  to  and  duties  of .  104 

169  What  work  department  in¬ 
cludes .  104 

170  To  direct  expenditures .  105 

171  Annual  report .  105 

172  Statement  of  street  work, 

annual .  105 

173  How  to  head  warrants  of 

department .  105 

174  Power  over  line  of  streets...  105 

175  Fix  line  of  streets  before 

houses  are  built .  106 

176  Appeal  from  Commissioner 

to  Mayor .  106 

177  Appellant  from  to  file  bond.  107 

178  To  fix  expense  of  such  ap¬ 
peal .  107 

179  Power  to  enter  on  land  to 

repair  sewers .  108 

180  Power  to  repair  bridges .  108 

181  Persons  injuring  work  done 

under  order  of  Commis¬ 
sioner,  penalty .  108 

182  To  place  flagstones,  etc .  108 

183  Repairing  private  wharves, 

etc .  108 

184  Duties  in  Belgian  block  con¬ 
tracts .  109 


SEC.  PAGE. 


185  Duties  in  repairing  streets 

over  trenches  of  gas  com¬ 
panies .  109 

186  Powers  when  streets  are  dug 

up . .  109 

186  To  have  lamps  placed  on 

brick  or  piles .  110 

187  Filling  excavations .  110 

188  To  stamp  gutter-plates .  110 

194  Permit  from  to  dig  up  un¬ 
paved  streets .  114 

195  Permit  from  to  dig  up  paved 

streets .  114 

196  Permits,  application  for, 

what  to  contain .  114 

197  Penalty,  digging,  without 

permit .  115 

198  To  give  permit  for  trenches, 

etc .  115 

199  To  notify  persons,  etc.,  to 
restore  street  and  penalty...  116 

200  To  make  repairs  at  cost  of 

party  failing .  116 

Conduits. 


189  Telephone  wires  to  be  laid 

in  conduits .  Ill 

190  No  exclusive  rights  granted 

in  conduits .  112 

191  Payment  for  grant  of  privi¬ 
lege  in . 112,  113 

192  Cable  for  police  and  fire- 

alarm  wires  in .  113 

193  Bond  of  companies,  con¬ 
structing, etc.,  conduits.113,  114 

Contracts. 

12  City  officials  not  to  be  inter¬ 
ested  in  .  31 

13  No  extra  compensation  to 

city  contractors .  32 

14  Advertisement  for  supplies, 

etc.,  to  be  in  German 
paper . ,32,  33 


CONTENTS. 


V 


SEC.  PAGE. 

15  Advertisement  for  supplies, 

etc.,  how  published .  33 

16  How  awarded . 33,  34 

17  Opening  bids .  34 

18  Contractor’s  bonds .  34 

19  Contractor’s  bonds,  con¬ 
ditions .  34 

20  Supplies  under  $200  no  ad¬ 
vertisement .  35 

21  Comptroller’s  annual  report 

on  uncompleted  contracts..  35 

22  Contractors  to  pay  mechan¬ 
ics  weekly .  35 

Employees  and  Officers  of  Cor¬ 
poration. 


1  0 dicers  to  make  annual  re¬ 
ports .  29 

2  Officers  to  report  indebted¬ 
ness  .  29 

3  Officers  not  to  exceed  ap¬ 
propriations  .  29 

4  Officers  to  be  notified  by 

Register  when  exceeding  ap¬ 
propriations  .  30 

5  Registered  voters  to  be  em¬ 
ployed  .  30 

6  Salaries  paid  monthly .  30 

22  Mechanics  paid  weekly  by 

contractors .  35 

7  Not  more  than  one  office  to 

be  held  under  city .  30 

8  Employee  to  drive  own  cart 

and  horse .  30 

9  Skilled  labor  employed  by 

Commissioner .  31 

10  Preference  to  registered 

voters .  31 

11  IIow  City  Commissioner  to 

obtain  skilled  labor .  31 

12  Employees,  etc.,  not  to  be 
interested  in  city  contracts.  31 

30  Warrants,  days  issued .  40 

32  Written  orders  for  work, 
etc .  41 

c Tones’  Falls. 

34  Regarding  streets,  etc.,  of 

flooded  district .  41 

35  Sewer  on  west  side  of . .  42 

36  Measures  to  prevent  dam¬ 
ming  of . 42,  43 


SEC.  PAGE. 

37  Owners  to  have  property 

walled  along .  43 

38  Duty  of  Commissioner  when 

owners  neglect .  .  43 

39  How  vessels  to  enter .  44 

40  Duty  of  bridge  tender... 44,  45 

41  Bridge  tender  to  report 

violations .  45 

Poles. 

225  Owners  of  telegraph,  etc., 
poles  to  file  list  with  Com¬ 


missioner .  129 

226  Poles  removed  if  no  list 

filed .  129 

227  Failure  to  file  list .  130 


228  Not  to  apply  to  city  poles...  130 

I 

Railroads. 


42  Tracks  and  switches .  45 

43  To  be  kept  in  good  con¬ 
dition .  45 

44  Construction  of .  46 

45  Removal  or  alteration  of 

tracks .  46 

46  Obstruction  of  gutters,  etc.  47 

47  Obstruction  of  streets, 

penalty .  47 


Railroad  Ordinances  Confirmed. 


48  Baltimore  and  Ohio  Rail¬ 
road .  47 

49  Baltimore  and  Pennsyl¬ 

vania  and  Northern  Central 
Railroad .  48 

50  Pennsylvania,  Wilmington 

and  Baltimore  Railroad .  49 

51  Union  Railroad .  49 

52  Western  Maryland  Rail¬ 
road  .  50 

52  Western  Maryland  Tide¬ 
water  Railroad . 50 

52  Western  Maryland  Termi¬ 
nal  Railroad .  50 

53  Baltimore  Belt  Railroad  ....  £0 

54  Baltimore  Belt  Railroad  ....  51 

55  Baltimore  and  Lehigh  Rail¬ 
road  . 51 


VI 


CONTENTS. 


SEC. 


PAGE. 


Refuse  Material. 


2G  Duty  of  Comptroller  as  to...  38 

27  Duty  of  City  Commissioner 

as  to .  38 

28  Separate  account  for .  39 


Sewers. 

86  Board  of  Sewer  Commis¬ 


sioners  . . 

87  Oath  of  Sewer  Commission¬ 


ers. 


88  Oath  to  be  recorded . . 

89  Clerk  to  Board,  and  his 

duties . 

90  Benefits  and  damages . 

91  Proceedings  of  Board . 66, 

92  Proceedings  when  part  of 
property  is  taken.  ...67,  68, 

93  Preceedings,  statement  to 

be  filled  with  Register . 

93  Notice  of  review  of  preceed¬ 
ings . 

Notice  by  Register . 

Appeal  to  Baltimore  Cily 

- ri  Q 


93 

94 

95 


Court . 72,  /o, 

Transfer  of  proceedings  to 
City  Collector . 

96  Sale  of  property  for  non¬ 
payment  of  benefits . 

97  Terms  and  conditions  of 

sale . 

98  Deed  to  purchaser . 

99  Benefits  to  be  liens  on  prop¬ 
erty . 75, 

100  Liens  transferable  to  third 

party  paying  benefits . 

101  Appointment  of  special 

Commissioners . 

102  Proceedings  to  be  com¬ 
pleted  in  90  days . 

103  Retiring  Commissioners  6 
months  to  complete  work. 

104  Fee  and  leasehold  interest 

to  be  discriminated . 

105  Obstructions  to  be  re¬ 
moved  . 77, 

106  Per  diem  to  Commissioners 

107  Papers  to  be  deposited  with 

Register . - . 

108  City  Commissioner  to  sur¬ 
vey  route . 


64 

64 

65 

65 

66 
67 

69 


70 


70 

71 

74 

74 

74 

75 

75 

76 
76 

76 

77 


77 


77 

78 
78 

78 

78 


SEC.  PAGE. 

109  Proposals.  advertisement 

for . .  79 

110  Contractor’s  bond .  79 

111  Obstructing  sewer ,  penalty.  79 

112  Tapping  sewer  unauthorized, 

penalty .  79,  80 

113  Private  sewers,  permit  for. .  80 

114  Payment  to  Register  for 

permit .  80,  81 

115  Gas  tar  not  to  escape  into 

sewers .  81 

Streets. 

116  Asphalt  pavement .  81 

117  Mosaic  pavement .  82 

118  Establishment  of  grade  on 

property  owners  applica¬ 
tion . 82 

119  Establishment  of  grade  by 

Commissioner  in  his  judg¬ 
ment .  83 

120  Grading  and  paving,  etc., 

on  request  of  property 
owner .  84 

121  Grading  and  paving,  notice 

in  such  cases .  84 

122  Grading  and  paving,  notice 

for  proposals .  84 

123  Grading  and  paving, owners, 

who  deemed  for. .  85 

124  Grading  and  paving,  opinion 

of  City  Solicitor  or  Counsel¬ 
lor .  85 

125  Grading  and  paving,  tax  on 

property  owners . 85,  86 

126  Grading  and  paving,  list  of 

persons  liable  for  tax .  86 

127  Grading  and  paving,  notice 

to  such  persons .  87 

128  Flagstones  across  streets. ...  87 

129  Without  flagstones .  87 

130  How  to  be  paved .  87 

131  Inspection  of  material. ...88,  89 

132  Mayor  may  sign  petition. ...  89 

133  Expense  of  cross  streets .  89 

134  Regrading .  89 

134  Rekerbitig .  89 

134  liepaving .  89 

135  When  property  owners  can 

pave,  etc .  90 

136  Bonds  of  contractor,  pav¬ 
ing,  etc .  90 


CONTENTS. 


Vll 


% 


SEC. 


PAGE. 


137  Contract  forfeited,  if  no 

bond  given .  91 

138  Ten  per  cent,  retained  for 

two  years .  91 

139  Commissioners  to  close  con¬ 
tracts .  91,  92 

140  Regulation  gutters .  92 

140  Regulation  footways .  92 

141  Advertisement  when  foot¬ 
ways  out  of  order .  92 

142  How  notice  served. .  93 

143  Failing  to  obey  notice  to 

repair .  93 

144  Tax  for  work  on  footways..  94 

145  Tax,  how  collected .  94 

140  Tax,  anticipation  of  collec¬ 
tion .  94 

147  Failure  to  repave  or  pave 

footways .  94 

148  Inspection,  biennial  of  foot¬ 
ways,  etc .  95 

149  Flagstones  to  be  put  down.  95 

150  Bonds  for  paving,  etc.,  ex¬ 
tension  by  Mayor .  95 

151  Brick  pavements,  how  laid, 


152  Preliminaries  to  passage  of 

ordinance  for  paving,  etc...  90 

153  Proposals,  advertisement 

for .  97 

153  Contractor’s  bonds .  97 

154  Cost,  apportionment .  98 

155  Advertisement  of  apportion¬ 
ment .  98 

150  Notice  by  Register .  99 

157  Notice,  service  of .  100 

158  Appeal  to  City  Court .  100 

159  Repeal  of  ordinance .  100 

160  Appeal,  proceeding  when 

taken .  101 

161  What  expenses  paid  by 

Register .  101 

162  Notice  to  contractor  to  pro¬ 
ceed  .  102 

163  How  kind  of  paving  selected  102 

206  Obstructions  in  streets .  118 

207  Horse  not  to  be  shod  in .  119 

209  Articles  not  to  be  in .  120 

210  Sidewalks  to  be  kept  clear.  120 

211  Penalty  for  violating .  121 

212  Not  to  be  dug  up  for  poles, 

etc,  without  permit .  121 


SEC.  PAGE. 

213  Permit  to  erect  poles,  etc  .. 

121,  122 

214  Violation  of  preceding  sec¬ 
tion  .  123 

215  Grades  of  streets  in  Annex.  123 

229  In  case  Water  Board  fails 

to  repair,  duty  of  Commis¬ 
sioner . 131,  132 

230  Permit  before  laying  water 

pipes .  131 

231  Water  Board  to  repave 

when . 131 


Street  Passenger  Railways. 


56  Tracks  over  bridges .  51 

57  Repairs  to  streets .  52 

58  Failing  t  o  repair  streets, 

penalty .  52 

59  Sand  on  tracks .  52 

82  Repairing  streets .  60 

83  Duty  of  Commissioner .  61 

84  Fenders... .  61 


Street  Passenger  Railway ,  Ordi¬ 
nances  confirmed. 


60  Baltimore  City  Passenger 

Railway . . 

61  Baltimore  City  Passenger 

Railway . 

62  Traction  Co . 

63  Central . 

64  Central . 

65  Halls  Springs . 

66  Highlandtown  and  Point 

Breeze . 

67  Baltimore,  Canton  and 

Point  Breeze . 

68  Baltimore,  Pimlico  and 

Pikesville . 

69  North  Avenue . 

70  North  Baltimore  Passenger 

Railway . 

71  Baltimore  and  Randalls- 

town . 

72  Baltimore  and  Powhatan... 

73  North  Avenue  Electric . 

74  North  Baltimore  Passenger 

Railway . 

75  People’s  Railway . 

76  Baltimore  Union  Passenger 

Railway . 


53 

53 

53 

54 
54 

54 

55 
55 

55 

55 

56 

56 

56 

57 

57 

57 

58 


Vlll 


CONTENTS. 


SEC.  PAGE, 

77  Baltimore  Union  Passenger 
Railway .  58 

77  City  and  Suburban .  58 

78  Baltimore  and  Yorktown...  59 

79  Electric  Storage  Co .  59 

80  Edmondson  Avenue .  60 

81  General  Ordinance .  60 

Surveyor. 

218  Duties . . .  125 

219  Rates  of  compensation .  126 


220  Records  of  open  to  the  in¬ 
spection  of  the  city  officials.  127 

Taxes  and  Assessments  by  City 
Commissioner. 

221  Payment  of  paving  tax, 

how  enforced .  127 

222  When  tax  assessed  Commis¬ 

sioner  to  have  plat  made  of 
property . 127,  128 

223  Deeds  to  purchasers .  128 

224  When  collector  to  send  out 

paving  bills . 128,  129 

Topographical  Survey. 

24  Geodetic  and  topographi¬ 
cal  surveys  to  be  made  and 
official  maps  to  be  prepared.  37 

25  Plats  to  be  made  and  bound 

in  atlas  form . 37,  38 


SEC.  PAGE. 

Vaults ,  Areas  and  Cellars. 

201  City  Commissioner  to  be 

notified  by  police  of  the  con¬ 
struction  of .  117 

202  Vaults  to  be  of  stone,  etc.  117 

203  Iron  grates  over  vaults, 

etc . -r .  117 

204  While  vaults  and  etc.  are 

being  constructed,  precau¬ 
tions  .  118 

205  To  be  enclosed .  118 

Water  Board. 

229  Water  Board  failing  to 

make  repairs  to  streets, 
Commissioner  to  do  the 
work . 130,  131 

230  Permits  necessary  to  remove 

pavements  in  order  to  lay 
water  pipes . 131 

231  Water  Board  to  repave  pave¬ 
ments  dug  up  by  it .  131 

232  Water  stops  of  private  pipes 

to  be  marked . 131,  132 

233  Water  stops  covered  by 
pavements  to  be  marked....  133 

Addenda. 

Ordinance  permitting  rail¬ 
way  tracks  to  be  laid  by 
Traction  Company,  etc .  133 


STATUTES. 


HOURS  OF  LABOR. 

1.  No  mechanic  nor  laborer  employed  by  the  Mayor 
and  City  Council  of  Baltimore,  or  by  any  officer,  agent 
or  contractor  under  them,  shall  be  required  to  work 
more  than  nine  hours  per  day  as  a  day’s  labor;  provided, 
however,  that  this  section  shall  not  apply  to  mechanics 
and  laborers  whose  hours  of  labor  are  already  fixed  at 
less  than  nine  hours  per  day;  and  provided  further, 
that  the  provisions  of  this  act  shall  not  apply  to  the 
employees  of  the  Fire  Department,  Bay  View  Asylum 
or  the  Baltimore  City  Jail.  Any  such  officer,  agent  or 
contractor  who  shall  require  any  mechanic  or  laborer 
to  work  more  than  nine  hours  per  day,  contrary  to  the 
provisions  of  this  section,  shall  be  fined  not  less  than 
ten  dollars  nor  more  than  fifty  dollars  for  each  offence; 
one-lialf  of  such  fine  to  go  to  the  informer;  said  fines  to 
be  collected  as  other  fines  are  collected  by  law. 

RAILROADS. 

2.  It  shall  not  be  lawful  for  any  person  or  corpora¬ 
tion  to  lay  any  railway  tracks  upon  Mt.  Royal  avenue 
between  Guilford  and  North  avenues,  or  upon  Cathedral 
street  between  Saratoga  street  and  Mt.  Royal  avenue, 
or  upon  St.  Paul  street  from  Baltimore  street  northerly 
to  the  city  limits,  or  upon  Calvert  street  from  Read 
street  northerly  to  the  city  limits,  or  upon  Gough  street 


Act  of  1892,  Ck. 
286. 


Nine  hours  to 
be  a  day’s  labor 
for  certain  city 
employees. 


1892,  Ch.  115. 


What  streets 
not  to  be  used. 


10 


STATUTES. 


189  4,  Ch.  69. 


Streets  not  to 
be  used. 


1894,  Ch.  150. 


Streets  not  to 
be  used. 


from  Bond  street  easterly  to  Patterson  Park  avenue,  or 
upon  Broadway  from  Baltimore  street  nortli  to  North 
avenue,  except  upon  the  streets  where  tracks  are  now  laid, 
without  the  consent  of  the  General  Assembly  of  Mary¬ 
land;  provided,  that  this  act  shall  not  restrict  in  any 
way  the  right  of  any  passenger  railway  company  now 
incorporated,  or  that  may  hereafter  be  incorporated,  to 
cross  any  of  said  streets  and  avenues  where  such  rail¬ 
way  company  shall  be  authorized  by  the  Mayor  and 
City  Council  of  Baltimore  to  use  any  street  or  avenue 
opening  into  any  of  the  streets  and  avenues  named  in 
this  act. 

3.  it  shall  not  be  lawful  for  any  person  or  corporation 
to  lay  any  railway  tracks  upon  McCulloh  street  between 
Eutaw  street  and  North  avenue  without  the  consent  of 
the  General  Assembly  of  Maryland;  provided,  that  this 
act  shall  not  restrict  in  any  way  the  right  of  any 
passenger  railway  company  now  incorporated,  or  that 
may  hereafter  be  incorporated,  to  cross  said  street 
where  such  railway  company  shall  be  authorized  by 
the  Mayor  and  City  Council  of  Baltimore  to  use  any 
street  or  avenue  opening  into  said  street. 

4.  It  shall  not  be  lawful  for  any  person  or  corporation 
to  lay  any  railway  tracks  upon  Baltimore  street  between 
Patterson  Park  avenue  and  Canton  street,  in  the  city  of 
Baltimore,  or  on  Barclay  street,  in  the  city  of  Balti¬ 
more,  or  on  Biddle  street,  in  Baltimore  city,  between 
Broadway  and  Maryland  avenue;*  provided,  however, 
that  nothing  contained  in  this  act  shall  prevent  the 
crossing  of  Barclay  street  by  any  companies  duly 
authorized,  without  the  consent  of  the  General  Assem¬ 
bly  of  Maryland. 


STATUTES. 


11 


5.  That  the  Mayor  and  City  Council  of  Baltimore  be  1394,  ck  m 
and  is  hereby  authorized  and  empowered  to  accept 

J  No  railroad 

from  the  owners  thereof  a  deed  of  the  land  lying  in  the  tracks  to  be 
bed  of  Eutaw  place  extended,  between  North  avenue  onEutawst- extd- 
the  southeast  and  Druid  Hill  avenue  on  the  northwest, 
in  consideration  of  an  agreement  on  the  part  of  said 
grantee,  to  be  incorporated  therein,  that  no  street  car 
or  other  railroad  tracks  shall  at  anytime  thereafter  be 
located  or  placed  on  any  part  thereof.  Upon  the  exe¬ 
cution  of  said  deed  and  acceptance  thereof  by  the 
Mayor  and  City  Council  of  Baltimore  embodying  said 
contract  prohibiting  the  locating  or  placing  car  tracks 
upon  any  part  of  the  land  so  to  be  granted,  the  said 
contract  shall  be  and  is  hereby  declared  to  be  forever 
thereafter  inviolable ;  provided,  however,  that  nothing 
herein  contained  shall  prevent  the  Mayor  and  City 
Council  of  Baltimore  from  authorizing  by  ordinance 
the  location  or  construction  of  car  tracks  on  such  part 
of  the  bed  of  said  street  as  are  contained  within  the 
limits  of  intersecting  or  cross  streets  that  are  now  or 
may  hereafter  be  provided  for  by  ordinance  of  said 
Mayor  and  City  Council. 

6.  It  shall  not  be  lawful  for  any  person  or  corpora-  1894,  c/i.  439. 
tion  to  lay  any  railway  tracks  upon  North  Caroline 

No  railroad 

street  between  Preston  street  and  East  North  avenuepaG£s  t0  *e 

placed  on  N. 

without  the  consent  of  the  General  Assembly  of  Mary- Caroliue  st- 
land;  provided  that  this  Act  shall  not  restrict  in  any 
way  the  right  of  any  passenger  railway  now  incorpora¬ 
ted,  ojl*  that  may  hereafter  be  incorporated,  to  cross  said 
street,  where  such  railway  company  shall  be  authorized 
by  the  Mayor  and  City  Council  of  Baltimore  to  use  any 
street  or  avenue  opening  into  said  street. 


12 


STATUTES. 


SEWERS. 

p.  l.  a,  1888,  7.  The  Mayor  and  City  Council  have  full  power  to 

pave  and  keep  in  repair  all  necessary  drains  and  sewers; 
to  pass  all  regulations  necessary  for  the  preservation  of 
power  to  repair  the  same,  and  to  authorize  any  person  appointed  by 
them  for  that  purpose  to  enter  upon  the  lots,  grounds 
and  possessions  of  any  person  or  body  politic,  through 
which  the  common  sewers  run,  or  ought  to  run,  to  regu¬ 
late,  make  or  repair  the  same. 

Kirby  vs.  Citizen's  Railway  Co.,  48  Md.,  168.  Kranz  vs.  Mayor,  etc.,. 
64  Md.,  491. 


P.  L.  L.,  1888, 
Art.  4,  Sec.  793. 

Obstruction, 

penalty. 


8.  If  any  person  shall  willfully  stop  up  or  obstruct 
the  passage  of  the  waters  of  any  of  the  common  sewers, 
he  shall  forfeit  and  pay  the  sum  of  one  hundred  dollars. 


An  tsec  79?’  9*  The  Mayor  and  City  Council  of  Baltimore  shall 

have  full  power  to  provide  for  constructing,  opening, 
enlarging  or  straightening  any  sewer  through  any 
P°s!reuct!°  con*  street,  lane  or  alley,  or  through  any  private  property, 
upon  giving  thirty  days’  notice  in  writing  to  the  owners 
or  agents  of  said  private  property  within  the  bounds  of 
the  city,  when  in  their  opinion  the  convenience  or  wel¬ 
fare  of  the  city  may  require  it;  to  provide  for  ascer- 

Proceedings. 

taining  whether  any  and  what  amount  of  actual  dam¬ 
age  will  accrue  thereby,  and  what  amount  of  actual 
benefit  will  thereby  accrue  to  the  owner  or  possessor  of 
any  ground  or  improvements  within  or  adjoining  to  the 
city,  being  governed  as  far  as  practicable  by  the  num- 


STATUTES. 


13 


ber  of  superficial  feet  drained,  and  to  provide  for  assess¬ 
ing  and  levying,  either  generally  on  the  whole  assess¬ 
able  property  of  the  said  city,  or  by  a  loan  for  the 
special  purpose  of  constructing,  opening,  enlarging  or 
straightening  any  sewer,  the  sum  necessary  to  pay  the 
expense  or  cost,  or  specially  on  the  property  of  persons 
actually  benefited,  the  whole  or  any  part  of  the  dam¬ 
ages  and  expenses  which  they  shall  ascertain  will  be 
incurred  in  constructing,  opening,  enlarging  or  straight¬ 
ening  any  sewer  in  any  street,  lane  or  alley,  or  through 
any  private  property  in  said  city;  to  provide  for  grant-  Damages- 
ing  appeals  to  the  court  having  jurisdiction  thereof  in 
Baltimore  city,  from  the  decision  of  any  commissioners 
or  other  persons  appointed  in  virtue  of  any  ordinance 
to  ascertain  the  damage  which  will  be  incurred  or  the 
benefits  which  will  accrue  to  the  owners  or  possessors 
of  any  ground  or  improvements  for  constructing,  open¬ 
ing,  enlarging  or  straightening  in  any  street,  lane  or 
alley,  or  through  any  private  property,  any  sewer  which 
in  their  opinion  the  public  welfare  or  convenience  may 
require,  and  for  securing  to  every  such  owner  or  pos¬ 
sessor  the  right  on  application  within  a  reasonable  time 
to  have  decided  by  a  jury  trial  whether  any  damage 
and  what  amount  of  damage  has  been  caused,  or 
whether  any  benefit  and  what  amount  of  benefit  has 
accrued  to  them;  and  to  provide  for  collecting  and  pay¬ 
ing  over  the  amount  of  compensation  adjudged  to  each 
person  to  receive  the  same,  or  investing  in  stock  of  said 
corporation, bearing  interest  of  five  per  centum  per  annum, 
for  the  use  of  any  person  who,  because  of  infancy,  absence 
from  the  city,  or  other  cause,  may  be  prevented  from 
receiving  it,  before  any  sewer  shall  be  constructed, 
opened,  enlarged  or  straightened  in  any  street,  lane  or 


14 


STATUTES. 


alley,  or  through  any  private  property,  and  to  enact 
and  pass  all  ordinances  from  time  to  time  which  shall 
be  deemed  necessary  and  proper  to  exercise  the  power 
and  effect  the  objects  herein  specified. 

„  _  _  1QOO  10.  The  amount  of  benefits  assessed  on  any  property 
Art.  4,  Sec.  795.  for  constructing,  opening,  enlarging  or  straightening 
any  sewer  in  any  street,  lane  or  alley,  or  through  any 
Benefits.  private  property,  constructed,  opened,  enlarged  or 
straightened  by  virtue  of  any  ordinance  passed  by  the 
Mayor  and  City  Council  of  Baltimore,  shall  be  a  lien 
on  the  property  and  recoverable  as  city  taxes  are. 


p.l.l.,  1888,  li.  Before  the  Mayor  and  City  Council  of  Baltimore 
shall  pass  any  ordinance  under  Sections  792  and  794 
Nordinancere  notice  shall  be  given  of  an  application  for  the  passage 
of  such  an  ordinance  in  at  least  two  of  the  daily  news¬ 
papers  of  said  city  twice  a  week  for  sixty  days. 


p.l.l.,  1888,  1  2.  Before  any  commissioners  appointed  by  any 

ordinance  of  said  corporation  under  the  preceding  sec¬ 
tions  hereof  shall  proceed  to  the  performance  of  their 
Notice  after  duty,  they  shall  give  daily  notice,  in  at  least  two  news- 

ordinance.  *  7 


papers  in  the  city  of  Baltimore,  of  the  object  of  the 
ordinance  under  which  they  propose  to  act,  at  least 
thirty  days  before  the  time  of  the  first  meeting  to  exe¬ 
cute  the  same. 


P.  L.  L.,  1888, 
Art.  4,  Sec.  798. 


13.  Should  the  Commissioners  appointed  by  the 
Mayor  and  City  Council  of  Baltimore  assess  any  part  of 


payment  of  the  expense  and  damage  incurred  in  the  construction, 
city’s  share  °f  opening,  enlarging  or  straightening  any  sewer  in  the 


city,  upon  the  Mayor  and  City  Council,  the  said  Mayor 
and  City  Council  may  levy  a  tax  on  the  assesable  prop¬ 
erty  of  the  city  for  the  amount  of  such  assessment,  or 
they  may  raise  the  necessary  amount  by  a  loan,  for  the 
payment  of  which  they  may  create  a  sinking  fund  to 
meet  the  liabilities  incurred;  and  may  also  levy  on  the 
assessable  property  of  the  city  of  Baltimore  from  time 
to  time  such  sums  as  maybe  necessary  to  provide  there¬ 
for,  and  for  the  principal  and  interest  of  the  liabilities 
incurred,  and  may  pass  all  ordinances  necessary  to  carry 
out  the  provisions  of  the  same. 

STREETS,  BRIDGES  AND  HIGHWAYS. 

14.  All  streets,  avenues  or  alleys  lying  in  any  portion 
of  Baltimore  county,  which,  under  the  provisions  of 
said  Act  of  1888,  Chapter  98,  became  a  part  of  Balti¬ 
more  city,  and  which  shall  have  been  legally  condemned 
as  streets  under  the  provisions  of  the  Acts  of  Assembly 
of  Maryland  relating  to  streets  in  Baltimore  county, 
shall  be  held  to  be  validly  constituted  streets  of  Balti¬ 
more  city  in  all  respects  as  if  the  same  had  been 
legally  condemned  as  such  by  the  Mayor  and  City 
Council  of  Baltimore;  and  all  proceedings  for  the  lay¬ 
ing  off,  opening,  grading  and  construction  of  streets, 
avenues  or  alleys,  which  shall  have  been  begun  under 
Article  3,  of  the  Public  Local  Laws,  title  “Baltimore 
County,”  sub-title  “Streets,”  shall  be  proceeded  with  and 
completed  under  said  article  and  sub-title. 

15.  The  Mayor  and  City  Council  of  Baltimore  shall 
have  full  power  to  provide  for  laying  out,  opening,  ex¬ 
tending,  widening,  straightening  or  closing  up,  in  whole 
or  in  part,  any  street,  square,  lane  or  alley  within  the 


P.  L.  L.,  1888, 
Art.  4,  Sec.  4. 


Streets  in  An¬ 
nex.  ' 


P.  L.  />.,  1888, 
Art.  4.  Sec.  806. 


Powers  of  M. 
and  C.  C. 


16 


STATUTES. 


bounds  of  said  city,  which  in  their  opinion  the  public 
welfare  or  convenience  may  require;  to  provide  for  as¬ 
certaining  whether  any  and  what  amount  in  value  of 
damage  will  be  caused  thereby,  and  what  amount  of 
benefit  will  thereby  accrue  to  the  owner  or  possessor  of 
any  ground  or  improvements  within  or  adjacent  to  said 
city,  for  which  such  owner  or  possessor  ought  to  be 
compensated,  or  ought  to  pay  a  compensation,  and  to 
provide  for  assessing  and  levying,  either  generally  on 
the  whole  assessable  property  of  said  city,  or  specially 
on  the  property  of  persons  benefited,  the  whole  or  any 
part  of  the  amount  of  damages  and  expenses  which  they 
shall  ascertain  will  be  incurred  in  locating,  opening,  ex¬ 
tending,  widening,  straightening  or  closing  up  the 
whole  or  any  part  of  any  street,  square,  lane  or  alley  in 
said  city;  to  provide  for  granting  appeals  to  the  Balti¬ 
more  City  Court,  from  the  decisions  of  any  commis¬ 
sioners,  or  other  persons  appointed  in  virtue  of  any  or¬ 
dinance  to  ascertain  the  damage  which  will  be  caused 
or  the  benefit  which  will  accrue  to  the  owners  or  pos¬ 
sessors  of  ground  or  improvements  by  locating,  open¬ 
ing,  extending,  widening,  straightening  or  closing  up, 
in  whole  or  in  part,  any  street,  square,  lane  or  alley 
within  said  city,  and  for  securing  to  every  such  owner 
and  possessor  the  right,  on  application,  within  a  reason¬ 
able  time,  to  have  decided  by  a  jury  trial  whether  any 
damage  has  been  caused,  or  any  benefit  has  accrued  to 
them,  and  to  Avhat  amount;  to  provide  for  collecting 
and  paying  over  the  amount  of  compensation  adjudged 
to  each  person  entitled,  or  investing  it  in  stock  of  the 
said  corporation,  bearing  an  interest  of  five  per  centum 
per  annum,  for  the  use  of  any  such  person  who,  because 
of  their  infancy,  absence  from  the  city  or  any  other 
cause  may  be  prevented  from  receiving  it,  before  any 


STATUTES. 


17 


street,  square,  lane  or  alley  in  whole  or  in  any  part 
shall  be  so  opened,  extended,  widened,  straightened  or 
closed  up,  and  to  enact  and  pass  all  ordinances,  from 
time  to  time,  which  shall  be  deemed  necessary  and 
proper  to  exercise  the  powers  and  effect  the  objects 
above  specified. 

Mayor,  &c.,  vs.  Moore,  G  H.  &  J.  375.  Mayor,  &c.,  vs.  Hughes,  1  G.  &  J. 
480.  Alexander  vs.  Mayor,  &c..  5  Gill,  383.  Methodist  Protestant  Church 
vs.  Mayor,  &c.,  G  Gill,  391.  White  vs.  Flannigan,  1  Md.,  542.  Moale  vs. 
Mayor,  &c.,  5  Md.,  321.  Steuart  vs.  Mayor,  &c.,  7  Md.,  500.  State  vs. 
Graves,  19  Md.,  351.  Mayor,  &c.,  vs.  Bouldin,  23  Md.,  328.  Mayor,  &c.,  vs. 
Clunet,  23  Md.,  449.  Hawley  vs.  Mayor,  &c.,  33  Md.,  280.  Page  vs.  Mayor, 
&c.,  34  Md.,  558.  Norris  vs.  Mayor,  &c.,  44  Md.,598.  McCoimick  vs.  Mayor, 
&c.,  45  Md.,  527.  Northern  Central  11.  R.  Co.  vs.  Mayor,  &c.,  4G  Md.,  425. 
Brooks  vs.  Mayor,  &c.,  48  Md  ,  265.  Mayor,  &c.,  vs.  St.  Agnes’ Hospital  of 
Baltimore,  48  Md.,  419.  Black  vs.  Mayor,  &c.,  50  Md.,  235.  Mayor.  &c.,  vs- 
Reitz,  50  Md.,  574.  Tinges  vs.  Mayor,  &c.,  51  Md..  600.  Hiss  vs.  Baltimore 
&  Hampden  Passenger  Railway  Company,  52  Md.,  242.  McMurray  vs.  Mayor, 
&c.,  54  Md.,103.  Hall  vs.  Mayor,  &c.,  56  Md.,  194.  Mayor,  &c.,  vs.  Black, 
56  Md.,  333.  Hodges  vs.  Baltimore  Union  Passenger  Railway  Company,  58 
Md.,  603.  Mayor,  &c.,  vs.  White,  62  Md.,  362.  Mayor,  &c.,  vs.  Hook,  62  Md., 
371.  B.  &  0.  R.  R.  vs.  Boyd,  63  Md.,  325.  Glenn  vs.  Mayor,  67  Md.,  390. 
Central  Savings  Bank  vs.  Mayor,  &c  .,  71  Md.,  515. 


16.  Before  they  shall  pass  any  ordinance  under  the  ku?8, 

preceding  section  at  least  sixty  days’  notice  shall  be 
given  of  any  application  for  the  passage  of  such  ordi-  orj£nCeefnro 
nance  in  at  least  two  of  the  daily  newspapers  in  the  said 
city. 


Mayor,  &c.,  vs.  Grand  Lodge  of  I.  O.  O.  F.,  44  Md.,  436.  Dashiell  vs. 

Mayor,  &c.,  45  Md.,  616.  Mayor,  &e.,  vs.  Little  Sisters  of  the  Poor,  56  Md., 

400.  Central  Savings  Bank  vs.  Mayor,  &c.,  71  Md.,  515. 

17.  Before  any  commissioners  appointed  by  any  ordi-  A*t!  £'sec'.mS’ 
nance  of  said  corporation  under  the  two  preceding 

Notice  ter 

sections  shall  proceed  to  the  performance  of  their  duty  ordinance. 


18 


STATUTES. 


they  shall  give  notice  in  at  least  two  of  the  daily  news¬ 
papers  in  the  city  of  Baltimore  of  the  object  of  the  or¬ 
dinance  under  which  they  propose  to  act,  at  least  thirty 
days  before  the  time  of  their  first  meeting  to  execute 
the  same. 


a?!' f  sec’ m*’  The  Mayor  and  City  Council  of  Baltimore  are  au¬ 

thorized  and  empowered  to  provide,  by  general  or 
Grades,  special  ordinance,  for  the  establishment  and  change 
from  time  to  time  of  the  grade  lines  of  any  street,  lane 
or  alley,  or  part  thereof,  now  or  hereafter  marked, 
located  or  laid  out  upon  the  plan  of  said  city. 

•  Dashiell  vs.  Mayor,  &c.,  45  Md.,  616.  Burns  vs.  Mayor,  &c.,  48  Md.,  198. 
Mayor,  &c. ,  vs.  Hanson,  61  Md.,462.  Kelly  vs.  Mayor,  &c.,  65  Md.,  175. 


1892,  Ch.  219. 


Powers  of  M. 
&  C.  C,,  as  to 
grading,  re¬ 
grading.  shell¬ 
ing,  reshe’ling, 
paving,  -repav- 
i  n  g ,  kerbing 
and  rekerbing 
streets,  lanes 
and  alleys. 


19.  They  shall  have  and  are  vested  with  full  power 
and  authority  to  provide  by  ordinance  for  grading,  shell¬ 
ing,  graveling,  paving  and  kerbing,  or  for  regrading, 
reslielling,  regraveling,  repaving,  and  rekerbing,  of  any 
street,  lane  or  alley  in  said  city,  or  part  thereof  now 
condemned,  ceded,  opened,  as  a  public  highway,  or 
which  may  hereafter  be  condemned,  ceded,  opened, 
widened,  straightened  or  altered  according  to  the  laws 
and  ordinances  regulating  the  same;  and  also  for  assess- 
ing  the  cost  of  any  such  work  in  whole  or  in  part 
upon  the  property  binding  upon  such  street,  lane  or 
alley,  or  part  thereof,  according  to  such  rule  or  basis 
as  the  Mayor  and  City  Council  may  determine,  and  for 
collecting  said  assessments  in  such  manner  as  they  may 
prescribe,  either  before  or  after  the  works  shall  have 
been  done;  provided,  that  before  the  passage  by  either 
Branch  of  the  Council  of  any  ordinance  requiring  the 
whole  or  any  portion  of  the  cost  to  be  assessed  upon  the 


STATUTES. 


19 


property,  ten  days’  notice  sliall  be  given  in  at  least  two 
of  the  daily  newspapers  in  said  city,  and  an  opportunity 
shall  be  afforded  to  all  persons  interested  therein  to 
appear  and  be  heard  before  some  appropriate  com¬ 
mittee  of  the  Council,  and  they  may  also  provide  for 
appeals  to  the  Baltimore  City  Court  from  the  decisions 
of  any  commissioner  or  other  person  or  persons  ap¬ 
pointed  to  determine  the  amount  of  assessment  to  be 
made  upon  any  property  under  any  such  ordinance;  and 
in  the  trial  of  such  appeal,  the  practice  shall  conform 
as  near  as  may  be  to  the  practice  in  the  trials  of  street 
appeals,  including  the  right  of  appeal  to  the  Court  of 
Appeals. 

20.  They  shall  also  have  and  are  vested  with  power  An.t'sec.  sir’ 
and  authority  to  provide  by  general  ordinance  for  the 
grading,  graveling,  shelling,  paving  or  kerbing,  or  for 
the  regrading,  regraveling,  reshelling,  repaving  or  re- paving  upon 

1  application  of 

kerbing  of  any  street,  lane  or  alley,  or  part  thereof,  in  owners, 
said  city,  without  the  passage  of  a  special  ordinance  in 
the  particular  case,  whenever  the  owners  of  a  majority 
of  the  front  feet  of  property  binding  on  such  street,  lane 
or  alley,  or  part  thereof,  shall  apply  for  the  same,  upon 
terms  and  under  conditions  to  be  prescribed  in  said 
general  ordinance,  and  for  the  assessment  in  any  such 
case  of  the  cost  of  such  work,  in  whole  or  in  part,  yro 
rata ,  upon  all  the  property  binding  upon  such  street, 
lane  or  alley,  or  part  thereof,  and  for  the  collection  of 
such  assessment  as  other  city  taxes  are  collected. 

Henderson  vs.  Mayor,  &c.,  8  Md.  Holland  vs.  Mayor,  &c.,  11  Md.,  18G. 

Bouldin  vs.  Mayor,  &c.,15  Md.,  18.  Mayor,  &c .,vs.  Eschbach,  18  Md  ,  27G. 

Howard  vs.  FirsPlndependent  Church  of  Balto.,  18  Md.,  451. 


20 


STATUTES. 


1892,  Ch.  284. 


Levy  and  col¬ 
lection  of  tax 
for  streets,  etc., 
heretofore 
graded,  paved, 
repaved,  kerb- 
ed  or  rekerbed. 


21.  In  any  and  all  cases  where  any  street,  lane  or 
alley,  or  any  part  thereof,  in  the  city  of  Baltimore,  has 
been  graded,  paved  or  kerbed,  or  regraded,  repaved  or 
rekerbed,  under  any  ordinance  which  provided  for 
assessing  the  whole  or  any  portion  of  the  cost  of  such 
improvement  upon  the  property  binding  on  such  street, 
lane  or  alley,  or  part  thereof,  and  such  assessments,  or 
any  part  thereof  remain  unpaid,  it  shall  be  lawful  for 
the  Mayor  and  City  Council  of  Baltimore  to  provide  by 
ordinance  for  the  levy  and  collection  in  such  manner 
as  they  may  deem  proper,  of  a  tax  upon  all  the  property 
binding  on  any  street,  lane  or  alley,  or  part  thereof 
which  may  have  been  so  improved,  to  the  extent  that 
such  property  shall  have  been  specially  benefited  by 
such  improvement ;  provided  that  no  property  upon 
which  the  assessment  originally  made  for  its  share  of 
the  cost  of  such  improvement  shall  have  been  paid 
shall  be  again  assessed,  and  that  reasonable  notice  and 
an  opportunity  to  be  heard  shall  be  given  to  all  persons 
interested  before  the  final  ascertainment  of  the  amount 
of  tax  to  be  paid  by  any  such  property;  and  the  said 
Mayor  and  City  Council  shall  provide  for  appeals  to 
the  Baltimore  City  Court  by  any  person  or  persons 
interested,  including  the  Mayor  and  City  Council  them¬ 
selves,  from  the  decision  of  any  commissioner  or  com¬ 
missioners  or  other  persons  appointed  to  determine  the 
amount  or  amounts  of  such  special  takes  or  assessments; 
and  in  the  trial  of  such  appeals  the  practice  shall  con¬ 
form  as  near  as  may  be  to  the  practice  in  the  trial 
of  street  appeals,  including  the  right  of  appeal  to  the 
Court  of  Appeals. 


STATUTES. 


21 


22.  All  the  streets,  lanes  or  alleys  opened  in  the  sec.  su. 
manner  directed  in  the  preceding  section  shall  be  pub¬ 
lic  highways  and  be  subject  to  the  laws,  regulations  and  highways, 
ordinances  applicable  to  public  streets,  lanes  or  alleys, 

or  parts  thereof,  in  said  city. 

23.  A  tenant  for  ninety-nine  years,  or  ninety-nine  p-  l.  l.,  ah.  4, 

Scc»  812. 

years  renewable  forever,  or  the  executor  or  adminis¬ 
trator  of  such  tenant,  or  the  guardian  of  an  infant  w{Jo  owner dto 
owner,  or  a  mortgagee  in  possession,  shall  be  deemed 
and  taken  as  an  owner  for  the  purposes  of  any  applica¬ 
tion  to  the  Mayor  and  City  Council  authorized  by  this 
sub-title  of  this  article ;  and  the  application  of  any 
such  person  shall  bind  the  property  so  represented  for 
any  assessment  or  tax  made  under  an  ordinance  passed 
in  pursuance  of  the  provisions  of  this  sub-title  of  this 
article. 


24.  Where  real  estate  within  the  said  city  has  been  p-  l.  l..  Art.  4, 

J  Sec.  813. 

or  may  be  divided  according  to  law  among  heirs, 
legatees,  joint  tenants  or  tenants  in  common,  entitled  ^egfven?6 10 
to  the  same,  and  such  division  calls  for  any  of  the 
streets,  lanes  or  alleys,  or  any  part  thereof,  surveyed 
and  laid  off  under  the  Act  of  1817,  Chapter  148,  or 
reserves  any  of  the  said  streets,  lanes  or  alleys,  or  any 
part  thereof  as  open,  and  divides  such  estate  with 
reference  thereto,  the  Mayor  and  City  Council  may,  on 
application  of  one  or  more  persons  interested  in  the 
ground  to  be  taken  on  such  application,  adopt  and 
sanction  by  ordinance  the  principle  under  which  such 
division  was  had,  and  open  any  of  the  said  streets,  lanes 
or  alleys,  or  any  parts  thereof,  in  the  said  division 
reserved  or  recognized;  provided  at  least  one  week’s 


22 


STATUTES. 


P.  L.  L.,  Art.  4, 
Sec.  814. 


Siicb.  streets 
public  high¬ 
ways. 


Ibid.,  Sec.  815. 


Cleaning  o  f 
private  wli’rv’s 
and  streets. 


Ibid.,  Sec.  816. 


Grading  and 
paving  foot¬ 
ways. 


notice  in  the  newspapers  of  said  city,  (the  costs  of  the 
advertisement  to  be  paid  by  the  applicants),  be  given 
of  such  application  before  any  such  ordinance  shall  pass. 

25.  All  the  streets,  lanes  or  alleys  opened  in  the  man¬ 
ner  directed  in  the  preceding  section  shall  be  public 
highways,  and  be  subject  to  the  laws,  regulations  and 
ordinances  applicable  to  public  streets,  lanes  or  alleys, 
or  parts  thereof  in  said  city. 

26.  They  may,  on  the  application  of  the  owners  of  a 
majority  of  feet  in  front  of  any  private  wharf,  dock, 
street,  lane  or  alley,  cause  the  same  to  be  paved,  cleaned 
out,  mended  or  otherwise  repaved  or  kept  in  good  con¬ 
dition  or  repair,  and  may  impose  upon  and  collect  from 
all  the  proprietors  of  the  property  so  to  be  cleaned  out 
or  repaired  a  tax  sufficient  in  amount  to  defray  the  ex¬ 
penses  thereof,  which  shall  be  assessed  upon  the  pro¬ 
prietors  in  proportion  to  the  number  of  feet  held  by ' 
them,  respectively,  in  front  or  length,  and  shall  be  col¬ 
lected  by  the  Mayor  and  City  Council  as  taxes  levied 
for  paving  public  streets. 


27.  They  may  pass  all  ordinances  necessary  for  grad¬ 
ing,  regulating,  paving  and  repairing  the  footways  in 
the  streets,  lanes  and  alleys  of  the  city,  and  impose  a 
tax  on  any  lot  fronting  on  any  paved  street,  lane  or 
alley,  for  the  purpose  of  grading,  regulating,  paving  or 
repairing  footways  in  front  thereof,  or  compel  by  fine 
or  otherwise  the  owner  or  proprietor  of  any  lot  to  pave 
or  repair  the  footways  in  front  thereof,  agreeably  to 
the  ordinances  to  be  passed  by  them. 


STATUTES. 


23 


28.  Whenever  the  Board  of  Health  shall  certify  in  Art',  t  secOsn! 
writing  to  the  Mayor  that  it  is  necessary  for  the  health 
of  the  city  to  alter  the  grade  of  any  street,  lane  or  alley  grade  upon  cer- 
on  low  or  made  ground,  the  Mayor  shall  issue  his  order  of  Health, 
to  the  City  Commissioner,  who  shall  thereupon  call 
upon  the  several  property  holders  on  such  street,  lane 
or  alley,  and  procure  from  them  their  assent  in  writing 
to  such  alteration;  and  if  any  property  holder  shall  re¬ 
fuse  to  permit  the  same  to  be  graded,  and  shall  require 
damages  therefor,  and  cannot  agree  with  the  commis¬ 
sioners  as  to  the  amount  of  damages,  or  should  there  be 
any  legal  disability  on  the  part  of  those  owning  prop¬ 
erty  on  such  street,  lane  or  alley,  the  Judge  of  the 
Baltimore  City  Court,  on  application  of  the  corporation, 
shall  appoint  three  disinterested  persons  to  assess  such 
damages,  who  shall  return  on  oath  their  award  to  said 
court,  and  the  same  shall  be  confirmed  by  the  court 
unless  cause  to  the  contrary  be  shown;  in  which  case 
the  court  shall  at  the  first  term  thereafter  decide  finally 
thereon;  and  when  the  damages  so  assessed  or  agreed 
upon  shall  be  paid  by  the  Mayor  and  City  Council  to 
the  persons  so  assessed,  and  legally  entitled  to  receive 
the  same,  the  Mayor  and  City  Council  may  proceed  to 
regrade  and  pave  the  said  street,  lane  or  alley. 


29.  The  president,  directors  and  companies  of  the  p-l. 
different  turnpike  companies  owning  roads  running  into 
the  city  of  Baltimore  may  cede  to  said  city  such  parts  Turnpikes 
of  said  roads  as  lie  within  the  corporate  limits  of  said limits- 
city;  and  the  same,  when  ceded,  shall  be  in  all  respects 
subject  to  the  same  regulations  as  unpaved  public 
streets. 

Hooper  vs.  Pres.,  etc.,  of  Balto.  &  Yorktown  Turnpike  Road,  34  Md., 

521.  Balto.  &  Havre  de  Grace  Turnpike  Co.  vs.  Union  Railway  Co.  of 
Balto.,  35  Md.,  224. 


24 


STATUTES. 


1890,  ch.  468.  30.  The  Mayor  and  City  Council  of  Baltimore  be  and 

are  hereby  authorized  to  negotiate  with  and  purchase 

Power  to  pur-  ”  ,  ° 

pikes  tuin'from  several  turnpike  companies  such  portions  of  their 
several  turnpike  roads  as  lie  within  the  present  limits 
of  the  city  of  Baltimore,  upon  such  terms  and  for  such 
amount  as  may  be  agreed  upon,  and  to  arrange  with 
said  several  turnpike  companies  for  the  removal  of 
their  several  turnpike  gates  beyond  the  limits  of  the 
city,  and  to  appropriate  such  sums  of  money  as  may  be 
necessary  to  carry  out  these  objects. 


1899,  ch.  370.  31.  The  Mayor  and  City  Council  of  Baltimore  shall 

have  power  to  regulate  the  use  of  the  streets,  lanes  and 
fndPw?resP°les  a^e^s  in  sa^  city  ^y  railway  or  other  tracks,  gas  or 
other  pipes,  telegraph,  telephone,  electric  light  or  other 
wires  and  poles,  in,  under,  over  or  upon  the  same,  and 
may  require  all  such  wires  to  be  placed  under  ground 
after  such  reasonable  notice  as  they  may  prescribe. 


1892,  ch.  200.  32.  The  Mayor  and  City  Council  of  Baltimore  are 

authorized  to  provide  a  series  of  conduits  under  the 
telephone^ teie*-  streets,  lanes  and  alleys  of  said  city,  or  any  parts  thereof, 
mcPigw wSi f°r  the  use  of  telephone,  telegraph,  electric  light  and 
other  wires,  either  by  constructing  said  conduits  them¬ 
selves  or  by  authorizing  their  construction  by  such  per¬ 
son  or  corporation  upon  such  terms  as  may  be  agreed 
upon  to  provide  for  the  appointment  of  an  electrical 
commission  with  such  powers  and  duties  as  the  said 
Mayor  and  City  Council  may  deem  necessary  or  appro¬ 
priate  for  carrying  out  the  purposes  of  this  act;  and  to 
require  all  such  wires  or  any  part  or  parts  thereof,  and 
the  poles  carrying  the  same,  to  be  removed  from  the 
surface  of  the  streets,  lanes  and  alleys  of  said  city  or 
any  part  or  parts  thereof,  and  to  require  such  wires  to 


STATUTES. 


95 


be  placed  in  such  conduits,  all  under  such  penalty  as 
they  may  prescribe ;  and  to  prescribe  and  establish 
reasonable  rentals  to  be  paid  by  any  company  or  person 
using  any  of  said  conduits,  by  whomsoever  the  same 
may  be  constructed,  for  the  use  thereof,  and  to  provide 
for  the  collection  of  such  rentals  in  addition  to  the 
ordinary  processes  by  such  summary  methods  as  they 
may  deem  appropriate;  provided,  however,  that  nothing 
contained  in  this  act  shall  be  deemed  or  taken  to 
modify  or  change  in  any  manner  the  provisions  of  ordi¬ 
nance  number  (41)  forty-one,  of  the  Mayor  and  City  Coun¬ 
cil  of  Baltimore,  approved  May  9,  1889,  or  the  rights  and 
privileges  granted  thereby  to  the  companies  therein 
named,  or  either  of  them. 

33.  The  bed  of  North  avenue,  throughout  its  entire  p.  l-  l-amz, 

7  °  Art.  4,  Sec.  K‘20. 

length,  shall  in  all  respects  be  hereafter  held  as  the  bed 
of  any  other  street  or  avenue  in  Baltimore  city,  so  far  avenue 
as  the  same  be  laid  down  on  Poppleton’s  map  of  Balti-  p°Ubiicrstreetas 
more  city,  and  subject  to  all  the  conditions  or  require¬ 
ments  of  any  other  street  or  avenue  in  said  city  ;  and 
any  and  ail  of  the  ground  fronting  thereon,  whether  in 
Baltimore  city  or  county,  shall,  in  the  event  of  said 
avenue,  or  any  part  thereof,  being  graded,  kerbed,  paved, 
shelled,  graveled,  or  in  any  like  manner  improved,  be 
subject  to  the  same  assessment  for  the  cost  of  said 
grading,  kerbing,  paving,  graveling,  shelling,  or  like 
improvement,  as  would  be  the  case  with  ground  front¬ 
ing  on  any  other  street  or  avenue  in  the  city,  similarly 
to  be  improved  as  aforesaid  ;  and  such  ground  and  the 
owners  and  representatives  thereof  shall  in  such  event 
be  held  liable  for  said  assessments,  and  the  said  avenue 
be  subject  to  all  the  Acts  of  Assembly  and  ordinances  of 


26 


STATUTES. 


the  Mayor  and  City  Council  of  Baltimore  which  are 
now  or  may  be  hereafter  in  force  and  applicable  for 
the  grading,  kerbing,  paving,  graveling,  shelling,  or 
any  like  improvements  of  streets  or  avenues  in  Balti¬ 
more  city. 

Mayor,  &c.,  vs.  Porter,  18  Md.,  284.  Mayor,  &c.,  vs.  Horn,  26  Md.,  194. 
Lester^s.  Mayor,  &c.,  29  Md.,  419. 


r.L.L.,Art.  4,  34.  The  Mayor  and  City  Council  of  Baltimore  are 

Sec.  821.  J  J 

authorized  with  the  County  Commissioners  of  any 
Pc°hlse  Midges  adjoining  or  neighboring  counties  thereof  to  purchase 
and tltonmakI  all  bridges  and  turnpike  roads,  and  upon  such  terms  as 
highways.  lree  said  Mayor  and  City  Council  and  said  County  Commis¬ 
sioners  on  the  one  part,  and  the  owners  of  such  bridges 
and  highways  on  the  other,  may  mutually  agree;  and 
when  so  purchased,  all  or  any  of  them  shall  thereafter 
be  free  public  highways,  and  as  such,  under  the  care 
and  management  of  said  Mayor  and  City  Council  and 
said  County  Commissioners  as  the  may,  respectively, 
provide  and  stipulate  as  between  them. 

r.  z.  a, 1888,  35.  The  bridges  which  the  County  Commissioners  of 

Baltimore  county  have  heretofore  agreed  to  build  within 
Bridges  within  the  limits  of  the  territory  which  has  become  annexed 

Annex.  J 

to  Baltimore  city  under  the  Act  of  1888,  Chapter  98? 
shall  be  completed  by  the  city  of  Baltimore;  and  all 
bridges  within  the  limits  of  said  territory  shall  be 
maintained  and  kept  in  repair  for  public  travel  at  the 
expense  of  Baltimore  city;  all  bridges  crossing  the 
Patapsco  River  from  said  city,  including  the  bridge 
known  as  the  “Long”  or  Light-street  bridge,  shall  be 
maintained  and  kept  in  repair  for  public  travel  at  the 
sole  expense  of  tlie  said  city  of  Baltimore. 


STATUTES. 


27 


36.  All  streets,  avenues  or  alleys  lying  in  that  portion  p.l.l.,  isss, 

Art.  4,  Sec.  824a. 

of  Baltimore  city,  formerly  constituting  a  portion  of 
Baltimore  county,  and  in  pursuance  of  the  Act  of  the  street*  within 

annex. 

General  Assembly  of  Maryland,  of  eighteen  hundred 
and  eighty-eight,  chapter  ninety-eight,  recently  an¬ 
nexed  to  the  said  city  of  Baltimore,  which  had  prior  to 
such  annexation  become  streets,  avenues  or  alleys  in 
Baltimore  county,  whether  by  deed  or  dedication,  shall 
be  held  for  all  purposes  to  validly  constitute  streets, 
avenues  or  alleys  of  Baltimore  city,  in  all  respects  as  if 
the  same  had  been  legally  condemned  as  such  by  the 
Mayor  and  City  Council  of  Baltimore. 


37.  No  avenues,  streets  or  alleys  in  the  Twenty-first  1894,  ch.  576. 
or  Twenty-second  Ward  of  Baltimore  city,  or  in  either Grades  of 

streets  in.  A11- 

of  them,  shall  hereafter  be  opened,  established  or  con-  nex  to  con¬ 
demned,  nor  shall  the  dedication  of  any  avenue,  street  graphical 

Survey. 

or  alley  hereafter  made  in  said  Twenty-first  and  Twenty- 
second  Wards  of  Baltimore  city,  or  in  either  of  them,  be 
accepted  by  the  Mayor  and  City  Council  of  Baltimore, 
unless  the  lines  and  grades  of  said  avenues,  streets  or 
alleys  be  opened,  established,  condemned  or  dedicated 
to  conform  to  the  plans,  plats  and  surveys  defined  by 
the  Topographical  Survey  of  the  city  of  Baltimore,  now 
being  prepared  under  the  supervision  of  Henry  T. 

Douglas,  chief  engineer,  unless  otherwise  provided  in  an 
Act  of  Assembly;  provided,  that  the  plan  of  said  Topo¬ 
graphical  Survey  shall  be  approved  by  an  ordinance  or 
formal  resolution  of  the  Mayor  and  City  Council  of 
Baltimore. 


ORDINANCES. 


ANNUAL  REPORTS. 

1.  Tlie  Register  of  the  City,  and  all  other  officers  of  the  cuy  code.  is9a, 

Art.  1,  Sec.  37. 

corporation,  shall  make  to  the  Mayor  and  City  Council 

their  annual  reports  and  returns  of  all  matters,  as  re-  when  officers 

to  make  re¬ 
quired  by  law,  connected  with  their  respective  offices,  ports  a  n  d  re* 

as  soon  after  the  said  thirty-first  day  of  December  as 

practicable. 

2.  The  heads  of  the  several  departments  of  the  city  ma.,  sec.  as. 
government,  as  well  as  the  officers  or  commissions  that 

are  charged  with  the  making  of  contracts,  or  the  ex-  etc.,  to  report 
penditure  of  the  public  money,  shall,  in  making  up  their  mdebtednes' • 
annual  reports  to  the  Mayor  and  City  Council,  or  in 
submitting  reports  to  the  Comptroller,  as  the  case  may 
be,  state  the  amount  of  their  indebtedness  respectively, 
and  for  what  purposes  or  object  such  indebtedness  was 
incurred. 

3.  If  any  officer  or  officers  of  the  corporation,  shall,  cuy  ewe  isqs, 
without  authority,  expend  or  contract  for  the  expend¬ 
ing  any  public  money,  or  shall  in  any  case  exceed  the  appropriation! 
appropriation,  he  or  they  shall  be  held  liable  in  his  or 

I*  Cllclltv 

their  individual  capacity  for  the  amount  so  improperly 
expended  or  contracted  to  be  expended. 


30 


ORDINANCES. 


ma.,  sec.  4i.  4.  it  shall  be  the  duty  of  the  Register  to  notify  all 

officers  of  the  corporation  that  under  .and  by  virtue  of 

Register  to  * 

Sneers1  yasClto  Preceding  section,  they  and  each  of  them  are  liable 
expenditures.  jn  their  individual  capacities  for  any  violation  of  the 

provisions  of  said  section,  and  enjoin  on  them  the  neces¬ 
sity  of  regulating  their  expenditures  to  the  amount  ap¬ 
propriated  by  the  Mayor  and  City  Council.  And  it 
t r oi i eiM o°w ah  shall  be  the  duty  of  the  Comptroller  to  withhold  his 
rail  his  war‘  warrant  from  any  officer  or  officers  of  the  corporation 
for  the  payment  of  any  moneys  after  the  amount  ap¬ 
propriated  for  the  specific  object  shall  have  been  ex¬ 
pended. 


EMPLOYEES. 


Ibid Sec.  42. 


5. 


It  shall  not  be  lawful  for  any  of  the  heads  of  the 
departments  under  the  city  government  to  employ  or 

Registered 

voters  only  to  allow  to  be  employed,  in  any  capacity,  within  the  city 
limits,  any  person  who  is  not  a  registered  voter  of  the 
city  of  Baltimore. 


Ibid.,  Sec.  49.  6.  The  salaries  of  all  officers  of  the  corporation,  unless 

otherwise  directed  by  law,  shall  be  paid  on  the  first 
paid  monthly;  Monday  of  each  and  every  month.  Such  salaries  are  not 

not  attachable.  .  ,  . 

liable  to  attachment. 


aty  code ,  1893,  7.  No  person  shall  at  any  time  hold  more  than  one 

Art.  1,  Sec.  55 a. 

office  of  honor,  profit  or  trust,  under  the  Mayor  and 

No  person  to  ’  7 

hold  more  than  Qity  Council  of  Baltimore. 

one  city  office.  J 


aty  Code,  1893, 
ArtA$,  Sec.  188a. 


Employee  to 
own  and  drive 
his  cart. 


8.  No  person  with  horse  and  cart  shall  be  employed 
under  the  city  government,  in  the  City  Commissioner’s 
Department,  or  Street  Cleaning  Commissioner’s  Depart¬ 
ment,  unless  said  person  so  employed  shall  own  and 
drive  his  said  cart. 


ORDINANCES. 


31 


9.  The  City  Commissioner  is  hereby  authorized  and  .)7°1r!^.(16,  Ftb' 


directed  to  employ  such  skilled  labor  as  may  be  neces-  commis¬ 
sary  to  carry  on  the  various  works  under  his  direction  Hp!“JrSki°iioan 
in  a  proper  and  expeditious  manner. 


piny 

labor. 


10.  Preference  shall  be  given  to  the  employment  of  n,id- 
all  such  skilled  laborers  who  are  registered  voters  of 

Preference  to 

the  city  of  Baltimore,  and  the  City  Commissioner  is  registered 

*  voters. 

hereby  authorized  and  directed  to  employ  as  many 
other  skilled  laborers  who  may  not  be  registered  voters  other  than 
of  the  city  of  Baltimore  as  may  be  necessary  in  his  employed, 
judgment  to  enable  him  to  carry  on  the  various  works 
under  his  direction  in  a  proper  and  expeditious  manner. 


11.  The  City  Commissioner  is  hereby  authorized  and  lbid- 
directed  to  obtain  such  skilled  labor  by  individual 

Skilled  labor 

solicitation,  by  advertisement,  or  by  any  other  method  how  obtained, 
that  may  be  deemed  best  by  him  for  the  interests  of 
the  city  of  Baltimore. 


CONTRACTS. 

12.  It  shall  not  be  lawful  for  any  officer  of  this  cor-  Cuy  code ,  i893, 
poration,  whether  appointed  by  the  Mayor  and  City 
Council  in  convention,  by  the  Mayor  alone,  or  by  any  officials  not 

,  ,  „  .  .  ,  ,  .  . ,  ...  n .  to  be  interested 

board  ot  commissioners,  trustees,  visitors  or  buildm  gin  city  con- 

^  racts. 

committee,  acting  under  the  authority  of  the  Mayor  and 
City  Council,  to  be  engaged  or  concerned,  directly  or 
indirectly,  in  any  contract  for  work  done  or  to  be  done 
on  account  of  the  city,  or  in  which  the  city  is  or  may 
be  in  any  way  concerned;  in  the  purchase  of  any  debt 
due  from  the  corporation  or  claim  upon  the  same  for 
any  work  done  or  to  be  done,  by  or  under  any  ordinance 


32 


ORDINANCES. 


of  the  city,  or  to  be  engaged  in  any  contract,  directly 
or  indirectly,  or  concerned  in  any  manner  in  doing  work 
of  any  kind,  or  furnishing  of  supplies  for  any  institution 
or  office,  or  receive  any  percentage  on  any  purchases  or 
contracts  in  the  office  with  which  he  may  be  connected; 
and  any  officer  offending  herein  shall  be  fined  in  a  sum 
not  exceeding  five  hundred  dollars,  and  it  shall  be  obli¬ 
gatory  on  the  Mayor,  upon  being  apprised  of  any  viola¬ 
tion  of  this  section,  to  dismiss  forthwith  from  office  any 
officer,  except  as  hereinafter  provided,  who  may  be 
guilty  of  such  violation.  This  section  shall  not  apply 
to  non-salaried  officials  of  the  city  government,  except 
in  so  far  as  the  same  may  relate  to  the  actual  transac¬ 
tions  of  the  particular  department  to  which  said  non- 
salaried  official  is  attached. 

aty  code ,  1893,  13.  No  extra  compensation  shall  be  granted  or  allowed 

Ayf  1  SkPC 

. .  by  the  Mayor  and  City  Council  to  any  contractor  or 

No  extra  pay  contractors  with  the  city,  or  with  any  corporation  the 

tors.ty  comrao  expenses  of  which  are  in  the  whole  or  in  part  borne  by 

• 

the  city,  after  the  contract  lias  been  entered  into;  pro¬ 
vided,  that  in  case  a  contractor  or  contractors  shall  be 
prevented  by  an  act  of  the  Mayor  and  City  Council,  or 
any  agent  or  servant  thereof  acting  under  their  authority 
from  fulfilling  his  contract  as  agreed  on,  and  loss  is 
thereby  sustained  by  him  or  them,  such  extra  compen¬ 
sation  may  be  allowed  as  will  compensate  him  or  them 
for  said  loss  incurred  as  aforesaid. 

Ibid Sec.  55.  14.  All  advertisements  emanating  from  the  different 

departments  of  the  city  government  shall  be  published 

to  bo  publish- in  at  least  one  German  paper  of  the  city,  and  in  the 

ed  in  one 

Germ’u news- selection  of  such  paper  they  shall  give  preference  to  the 

paper . 


ORDINANCES. 


33 


paper  having  the  largest  circulation,  provided  the  prices 
be  the  same  as  those  charged  by  the  other  papers. 

15.  Hereafter  in  contracting  for  any  public  work  or  ora.  3,  Dec.  u, 
the  purchase  of  any  supplies  or  materials  for  the  city 

of  Baltimore,  by  the  City  Commissioner’s  Department,  contracts  for 

*  7  work,  supplies 

the  Street  Cleaning  Department,  the  Harbor  Board,  2rftmacfvertiSscS 
Water  Board,  Jail  Board,  Trustees  of  the  Poor,  or  by  anyfor* 
of  the  city  departments,  proposals  for  the  same  shall  be 
first  advertised  for,  in  two  or  more  daily  newspapers 
published  in  said  city,  for  not  less  than  ten  nor  more 
than  twenty  days,  and  the  contract  for  doing  said  work 
or  furnishing  said  supplies  or  materials,  shall  be 
awarded  by  the  Mayor,  Comptroller  and  Register,  or  by 
such  department  as  is  now  required  to  award  such  con¬ 
tracts,  to  the  lowest  responsible  bidder. 

16.  Whenever  the  city  officers,  or  any  of  them,  shall  ouy  code.im, 
advertise  for  sealed  proposals  for  any  public  work  or 
contract,  of  any  kind  whatsoever,  pursuant  to  existing  how  awarded, 
ordinances  or  resolutions,  or  to  such  as  may  hereafter 

be  passed,  it  shall  be  the  duty  (unless  it  is  otherwise 
provided  by  special  ordinance)  of  such  officers  so  adver¬ 
tising  to  lay  the  sealed  proposals  received  by  him  or 
them,  according  to  the  advertisement,  before  the  Mayor, 
who,  with  the  Comptroller  and  Register,  shall  proceed 
to  open  them,  and  award  in  all  cases  to  the  lowest  bid¬ 
der  of  known  capacity,  responsibility  and  integrity, 
whose  security  for  the  execution  of  the  work  according 
to  the  contract,  as  the  case  may  be,  in  the  judgment  of 
the  Mayor,  Comptroller  and  Register,  or  a  majority  of 
them,  shall  be  sufficiently  responsible  to  insure  the  per¬ 
formance  of  the  work  or  contracts,  according  to  the 


34 


ORDINANCES. 


stipulations  thereof,  respectively  ;  provided,  however, 
that  no  bid  shall  be  opened  from  any  person  who  has 
heretofore  failed  in  the  performance  or  due  execution 
of  any  contract  he  may  have  been  engaged  in  with  the 
corporation  of  Baltimore. 

ibid.,  sec.  57.  17.  All  such  proposal?  shall  be  opened  at  such  time 

and  place  as  may  be  publicly  designated  by  advertise- 

Openingof  bids 

ment,  in  the  presence  of  such  persons  as  may  choose  to 
attend. 

o  18.  For  all  contracts  made  under  the  provisions  of 

Ibid.,  Sec.  58.  ^ 

the  two  preceding  sections,  the  Register  is  hereby  re- 
con?rffctorsrom  qnired  to  take  bonds  of  the  contractors,  certified  by  the 
Comptroller,  to  be  with  good  and  sufficient  security, 
and  to  be  approved  by  the  Mayor,  for  such  sum  as,  in 
his  judgment,  may  be  adequate  to  secure  their  fulfill¬ 
ment. 


bonds. 


19.  Hereafter,  in  all  cases  where  any  bond  shall  be 
Art.  i,  sec.  59.  taken  from  any  contractor  for  the  execution*  of  any 
„  '. ,  .  work  to  be  done  under  or  by  virtue  of  any  ordinance  or 

resolution  of  the  Mayor  and  City  Council,  or  by  any 
authority  thereof,  there  shall  be  inserted  in  said  bond, 
and  as  one  of  the  conditions  thereof,  an  express  stipula¬ 
tion  on  the  part  of  such  contractor  that  he  will  defend, 
indemnify  and  save  harmless  the  Mayor  and  City  Coun¬ 
cil  of  Baltimore  against  any  suit  or  suits,  loss,  damage 
or  expense  to  which  the  said  Mayor  and  City  Council 
of  Baltimore  may  be  subjected  by  reason  of  any  default 
or  negligence,  want  of  skill  or  care  on  the  part  of  such 
contractor,  his  agent  or  employees,  or  of  any  sub-con¬ 
tractor,  in  or  about  the  performance  and  execution 
of  said  work. 


ORDINANCES. 


35 


20.  That  hereafter  in  contracting  for  any  public  work  apf^pr^°{^2, 
or  the  purchase  of  any  supplies  or  materials  for  the 

city  of  Baltimore  by  the  City  Commissioner’s  Depart- 8UpTiie?c?oror 
ment,  the  Street  Cleaning  Department,  the  Harbor  inuTTocTnot 
Board,  Water  Board,  Jail  Board,  Trustees  of  the  Poor,  used6 for!' er" 
or  by  any  of  the  city  departments,  any  repairs  or  sup¬ 
plies  not  in  excess  of  two  hundred  dollars  to  be  exempt 
from  tlie  provisions  of  Section  1,  Ordinance  No.  3,  ap¬ 
proved  December  14,  1892. 

21.  The  Comptroller  shall  examine  all  contracts  made lbld,>  Sec'  6U- 
by  the  city  officers,  and  he  shall  report  within  thirty  comptroller 
days  after  the  meeting  of  the  Council  in  an  annual  ses-  TTnyTs  To 
sion  all  contracts  made  by  the  corporation  as  directed contrac  s* 

or  authorized  by  the  Council,  and  not  performed  or 
completed,  or  upon  which  any  money  remains  unpaid, 
with  the  amount  of  money  remaining  unpaid  on  each. 

22.  The  Mayor  and  the  various  departments  entering  »«*.,  sec.  ei. 
into  contracts  with  individuals  to  perform  any  public  Mechauics  to 
work  for  the  city  of  Baltimore  shall  insert  a  clause  in be  pald  weekly 
each  of  said  contracts  compelling  each  contractor  to 

pay  all  mechanics  or  laboring  hands  employed  by  the 
day  once  each  week;  and  for  the  failure  to  comply  by  Remedy, 
said  contractors  the  said  day  hands  may  file  their  bill, 
under  oath,  with  the  proper  department  for  the  number 
of  days  so  employed,  not  to  exceed  one  week;  and  it 
shall  be  the  duty  of  'said  department  to  pay  said  day 
hands  and  charge  the  same  to  the  contractor  or  con- 
ractors,and  deduct  the  same  from  any  money  that  may 
be  due  to  the  said  contractor  or  contractors.  The  heads 
of  departments  and  commissioners  of  the  city  govern¬ 
ment  are  hereby  directed  that  in  the  letting  of  contracts 


36 


ORDINANCES. 


City  mechanics 
and  manu¬ 
facturers. 


and  in  tlie  execution  of  all  kinds  of  mechanical  work 
required  for  their  several  departments,  preference  in  all 
cases  shall  he  given  to  the  mechanics  and  manufac¬ 
turers  of  Baltimore  city. 


ord.  in,  June  23.  The  City  Commissioner  is  hereby  authorized  and 

23,  1894. 

directed  to  require  all  proposals  for  laying  improved 
pavements  under  any  ordinance  or  ordinances  of  the 
Mayor  and  City  Council  of  Baltimore  hitherto  adopted, 
to  maintain include  the  guarantee  of  the  contractor  to  maintain 
inegoodVeorder  the  said  pavement  in  good  order  for  five  years  from  the 
h.t  h\e  yedr9  ^a^e  0f  yie  acceptance  of  said  work  by  the  City  Com¬ 
missioner,  and  that  all  the  old  material  on  streets,  or 
portions  of  streets,  provided  to  be  repaved  by  said  ordi¬ 
nances  shall  be  removed  by  the  contractor,  at  the  ex¬ 
pense  of  the  city,  to  such  place  or  places  as  the  City 
Commissioner  shall  from  time  to  time  designate,  and 
oid  material  the  said  old  materials  shall  remain  the  property  of  the 

to  remain  the 

property  of  the  city.  When  the  whole  work  of  repaving  any  street  or 
streets  provided  to  be  repaved  under  any  ordinance  or 
ordinances  of  the  Mayor  and  City  Council  of  Baltimore 
hitherto  adopted  shall  have  been  finished  and  accepted 
by  the  City  Commissioner,  all  sums  then  remaining 
unpaid  shall  be  paid  to  the  contractor,  except  ten  per 
tumntopebeCre* centum  of  the  gross  amount  of  the  contracts  respec- 
yeai?at04  pi?  lively,  which  ten  per  centum  shall  be  paid  to  the  con- 
num.  P  au' tractors  at  the  axpiration  of  five  years  from  the  date  of 
said  acceptance,  with  interest  at  the  rate  of  four  per 
cent,  per  annum,  provided  the  said  contractors  shall 
have  kept  the  work  done  by  them  in  proper  condition 
and  repair  during  said  five  years.  Any  part  or  parts  of 
any  ordinance  or  ordinances  hitherto  passed,  which  are 
in  conflict  with  this  ordinance,  are  hereby  repealed. 


ORDINANCES. 


37 


TOPOGRAPHICAL  SURVEY. 

24.  Thorough,  accurate  and  comprehensive  geodetic  ord. 98,  Apriin, 
and  topographical  surveys  shall  be  made  of  the  city  of 
Baltimore,  beginning  with  the  recently  annexed  terri- to^°deti^and 
tory,  and  from  such  surveys  official  maps  shall  be  pre-  ^ade —official 
pared,  on  a  scale  sufficiently  large  to  show  clearly  the  {oabpes prepared8 
following  details:  All  streets  and  alleys  as  now  laid  out, 

with  their  width  between  the  building  lines;  the  eleva¬ 
tion  of  streets  above  mean  tide  at  street  corners,  or  at 
other  points,  as  may  be  necessary ;  the  dimensions  of 
blocks  in  feet  and  inches ;  all  streets  not  yet  opened  to 
be  located  by  dotted  lines  and  their  grades  established, 
with  a  view  of  conforming  to  an  uniform  system  of 
surface  drainage  or  underground  sewerage,  and  the  sur¬ 
vey  made  of  the  unimproved  and  undeveloped  portions 
of  the  city  shall  b6  such  that  there  may  be  defined  on 
said  map  all  streams,  water  courses,  highways,  boun¬ 
dary  lines  of  farms  or  estates,  with  the  names  of  the 
owners  thereof;  the  undulations  of  the  ground  to  be 
shown  by  contour  lines  representing  the  different  eleva¬ 
tions  in  a  manner  to  enable  the  establishment  of  grades, 
locations  of  sewers,  &c. ;  and  should  the  commis¬ 
sioners,  provided  for  in  Section  70,  of  Article  1,  of 
the  City  Code  of  1893,  deem  it  advisable  to  extend 
said  topographical  survey  beyond  the  present  city 
limits,  they  are  hereby  authorized  and  empowered  to  do 
so ;  provided,  however,  that  said  extended  survey  shall 
not  embrace  any  territory  located  more  than  one  mile 
beyond  the  present  city  limits. 

25.  Plats  shall  be  also  made  from  said  surveys  and  ibid. 
bound  in  atlas  form  for  the  use  of  the  Tax  Department,  m^ts&  tb°0U^J 
City  Commissioner’s  Department,  City  Surveyor,  and  iuatlasform* 


38 


OKDINANCES. 


Commissioners  for  Opening  Streets,  and  sucli  other  de¬ 
partments  of  the  city  government  as  may  be  neces¬ 
sary.;  said  plats  to  be  made  upon  a  scale  sufficiently 
large  to  show  in  addition  to  the  matters  contained  in 
the  general  official  map,  the  following  details,  viz.:  The 
dimensions  of  each  lot  or  tract  of  land  embraced  in  the 
city,  with  the  character  of  the  improvements  thereon  ; 
the  location  of  all  sewers,  with  their  dimensions ;  the 
system  of  water  supply,  with  the  location  of  fire  plugs  ; 
all  corporation  buildings,  such  as  school  houses,  station 
houses,  etc. ;  all  railway  lines,  and  such  other  details  as 
may  be  considered  requisite. 

REFUSE  MATERIALS. 

aty  code,  isos,  26.  It  shall  be  the  duty  of  the  Comptroller  to  take 
charge  of  and  keep  an  account  of  all  refuse  material 

Refuse  that  may  accumulate  in  the  City  Commissioner’s  and 

material. 

other  departments  of  the  city,  the  articles  laid  aside  as 
useless  at  the  said  departments,  to  be  taken  charge  of 
and  accounted  for  by  those  having  supervision  of  the 
same.  And  it  shall  also  be  the  duty  of  the  Comptroller 
to  dispose  of  at  private  or  public  sale,  to  the  best  ad¬ 
vantage,  all  old  metal  and  refuse  materials  of  every  kind, 
and  pay  the  proceeds  over  to  the  City  Register,  speci¬ 
fying  at  the  same  time  the  articles,  price,  and  to  whom 
sold. 

27.  The  City  Commissioner  and  other  persons  having 

City  Code ,  1893,  ~  ° 

^c- is  city  property  under  their  charge  shall  set  aside,  on  or 
before  the  first  day  of  each  month,  such  old  metal  and 

Duty  of  city  7 

officials  as  to0ther  materials  as  mentioned  in  the  preceding  section, 

refusematerial  ’ 

and  hand  the  same  over  to  the  Comptroller,  they  tak¬ 
ing  and  keeping  an  account  thereof. 


ORDINANCES. 


39 


28.  The  Comptroller  is  hereby  directed  to  open  a  nut.,  sec.  u. 
separate  account  for  the  department  of  refuse  material. counter.6  a 

ACCOUNTS. 

29.  The  Mayor,  Comptroller  and  Register  are  hereby  aty  code,  1893, 
requested  to  adopt  a  system  of  keeping  the  accounts  in  -1'  11  s  5- 
the  different  departments  of  the  city  government  as  will  system  of  ac- 
fully  protect  all  the  interests  of  the  city,  and  to  devise 

a  system  of  checks  by  which  each  department  shall  be 
held  responsible  for  all  the  receipts  and  expenditures. 

No  money  shall  be  paid  out  for  any  purpose  in  any  of 
the  departments,  except  through  a  warrant  of  the 
Comptroller  upon  the  City  Register,  and  all  moneys 
received  for  any  object  or  purpose  whatever  shall  be 

p 

turned  in  to  the  City  Comptroller,  excepting  that  re¬ 
ceived  by  the  tax  department,  and  by  him  delivered  in 
turn  to  the  City  Register.* 

*For  the  due  execution  of  sections  32  and  33,  the  following  rules  were 
adopted  by  the  Mayor,  Comptroller  and  Register  on  February  19,  1877: 

1st.  That  the  several  departments  of  the  city  government,  whenever  the 
sum  of  money  received  by  them  respectively  shall  amount  to  five  hundred 
dollars,  shall  report  the  same  to  the  City  Comptroller,  specifying  the  source 
or  sources  from  which  it  was  received,  and  obtain  from  him  a  receiving 
warrant  to  pay  such  money  to  the  City  Register;  provided,  that  no  depart¬ 
ment  shall  be  required  to  make  more  than  one  payment  on  any  one  day; 
and  provided  further,  that  all  of  the  departments  that  may  receive  money 
as  revenue  shall,  on  the  first  Wednesday  of  each  month,  pay  over  to  the 
City  Register,  on  the  receiving  warrant  of  the  Comptroller,  such  sum  as 
may  respectively  be  in  their  possession. 

2d.  That  each  department  shall  take  duplicate  bills  of  every  item  of  ex¬ 
pense  it  may  contract  for  or  incur,  one  of  which  shall  be  retained  and  filed 
in  the  department,  and  the  other  bill  or  voucher,  with  a  warrant  from  such 
department  qp  the  Comptroller  for  the  payment  of  the  same,  shall  be  sent 
to  the  City  Comptroller;  provided,  that  the  pay  rolls  of  each  department 
may  be  drawn  in  favor  of  its  proper  accredited  officer;  such  pay  roll,  how¬ 
ever,  to  be  filed  in  the  office  of  the  Comptroller  as  are  other  bills  or  vouch- 


40 


ORDINANCES. 


City  Code, 1893, 
Art.  11,  Sec.  33. 


Office  hours 
of  disbursing 
officers. 


Ibid.,  Sec.  34. 


Written  or¬ 
ders  for  work 
and  supplies. 


30.  The  officers  of  the  city  government  who  are 
charged  with  the  duty  of  issuing  warrants  and  checks 
in  favor  of  the  creditors  of  the  city  are  imperatively 
required  to  be  present  in  their  respective  offices  on 
Tuesday  and  Friday  of  each  week,  from  9  o’clock  A.M. 
to  2  o’clock  P.M.,  in  order  to  discharge,  without  delay, 
to  the  holders  of  claims  against  the  city,  the  duties  re¬ 
quired  of  them  under  the  preceding  section. 

31.  It  shall  not  be  lawful  for  any  officer,  agent  or 
employee  of  the  city  of  Baltimore,  or  for  any  commis¬ 
sioner  or  board  of  commissioners  elected  or  appointed 
by  the  Mayor  and  City  Council  to  order  any  work  to 
be  done  or  supplies  to  be  furnished  for  the  use  of  the 
city  of  Baltimore,  or  any  department  or  officer  of  the 

ers;  and  provided  further,  that  in  case  of  contracts  in  which  money  may 
be  payable  on  account,  the  department  having  a  contract  in  charge  shall 
take  duplicate  receipts,  one  of  which  shall  be  retained,  and  the  other,  with 
a  warrant  on  the  Comptroller,  shall  be  sent  to  that  officer. 

3d.  The  offices  of  the  Comptroller  and  the  Register  shall  be  open  on 
Tuesday  and  Friday  of  each  week,  from  9  o’clock  A.M.  to  2  o’clock  P.M., 
for  the  issuing  of  warrants  and  the  payment  of  the  same,  respectively;  and 
that  all  warrants  issued  by  the  departments  for  the  payment  of  money, 
with  accompanying  bills  or  vouchers,  shall,  if  required  by  the  Comptroller, 
be  deposited  in  his  office  before  12  o’clock  M.  on  the  day  preceding  the  day 
of  payment,  to  the  end  that  the  same  may  be  audited  and  warrants  issued 
without  much  detention  on  the  day  of  payment;  provided,  that  so  much  of 
this  rule  as  may  require  a  deposit  in  advance  of  the  day  of  payment  shall 
not  apply  to  bills  or  warrants  for  the  sum  of  ten  dollars  or  less. 

4th.  The  teachers  and  officers  of  the  public  schools,  city  officers,  officers 
of  the  courts,  as  well  as  the  expenses  of  the  courts,  shall  be  paid  as  provided 
by  existing  ordinances. 

5th.  Much  embarrassment  has  been  experienced  in  the  filing  and  in  the 
examination  of  papers  on  file,  in  consequence  of  many  bills  or  vouchers 
being  written  on  small  slips  of  paper;  therefore,  no  bill  or  voucher  will  be 
recognized  at  the  office  of  the  City  Comptroller  that  measures  less  than 
seven  inches  by  three  and  one- half  inches,  and  which  is  not  written  in  ink. 


ORDINANCES. 


41 


city,  unless  such  order  shall  be  given  in  writing  and 
signed  by  the  person  giving  such  order. 

32.  There  shall  be  kept  in  the  office  of  each  and  every 
officer,  agent,  employee  or  board  of  commissioners  who 
may  order  work  to  be  done  or  supplies  to  be  furnished, 
and  for  which  payment  is  to  be  made  by  the  Mayor  and 
City  Council  of  Baltimore,  an  official  copy  or  memoranda 
of  each  and  every  order  issued  for  work  or  supplies, 
with  the  probable  cost  of  the  same,  which  official  copy 
or  memoranda  shall  at  all  times  be  open  to  the  in¬ 
spection  of  the  Mayor,  Comptroller  and  members  of  the 
City  Council  of  Baltimore. 

33.  It  shall  not  be  lawful  for  the  Comptroller  of  the 
city  of  Baltftnore  to  honor  any  bill  or  warrant  for  pay¬ 
ment  for  work  done  or  supplies  ordered  for  the  use  of 
the  city  of  Baltimore,  or  of  any  department  or  officer  of 
the  city  of  Baltimore,  unless  the  written  order  -for  such 
work  or  supplies,  signed  by  the  person  ordering  the 
same,  shall  accompany  the  bill  or  warrant  for  payment. 

JONES’  FALLS. 

34.  The  City  Commissioner  is  hereby  authorized  and 
required  to  have  regraded,  rekerbed  and  repaved  the 
following  herein  named  streets,  comprising  all  the 
streets,  lanes,  alleys  and  public  thoroughfares  within 
the  district  flooded  by  the  freshet  of  Jones’  Falls,  July 
14,  1868,  or  so  much  of  the  same  as  may  be  necessary; 
the  grades  of  the  same  shall  be  changed  so  that  the 
lowest  point  on  those  streets  shall  not  be  below  the 
heights  specified  and  mentioned  on  the  following  named 


City  Code,  1898, 
Art.  11,  Sec.  35. 


Official  mem¬ 
oranda  of  such 
work  and  sup¬ 
plies. 


Ibid.,  Sec.  36. 


Comptroller 
not  to  pay  ex¬ 
cept  upon  writ¬ 
ten  order. 


City  Code,  1893, 
Art.  30,  Sec.  1. 


Regrading.re 
pairing  a  n  d 
rekerbing  o  f 
certain  streets 
and  alleys. 


42 


ORDINANCES. 


City  Code,  1803, 
Art.  30,  Sec.  2. 

Sewer  on  west 
side. 


Ibid.,  Sec.  3. 

Measures  to 
prevent  dam 
ming  of  falls. 


streets,  said  heights  being  the  number  of  feet  above 
mean  tide,  namely  :  Centre  street,  between  Calvert  and 
Front  streets,  21  feet;  Franklin  street,  between  Calvert 
and  Holliday  streets,  21  feet;  Bath  street,  between 
Calvert  and  Front  streets,  20|  feet ;  Pleasant  and 
Hillen  streets,  between  Courtland  and  High  streets,  20 
feet;  Saratoga  street,  between  Courtland  and  Gay 
streets,  18  feet;  Lexington  street,  between  Calvert  and 
Holliday  streets,  16  feet;  Fayette  street,  between  Gay 
and  High  streets,  14J  feet;  Baltimore  street,  between 
Gay  and  High  streets,  13  feet ;  Swan  and  Plownan 
streets,  between  Centre  Market  and  High  street,  12 
feet ;  Second  street  and  Fish  Market  Space,  between 
Gay  street  and  Jones’  Falls,  11  feet;  Lombard  street, 
between  Commerce  and  Albemarle  streets,  10  feet; 
Pratt  street,  7  feet  at  Commerce  street,  8J*feet  at  Cen¬ 
tre  Market  Space,  and  thence  to  Albemarle  street,  9 
feet;  and  the  grades  of  Calvert,  Davis,  North,  Holliday, 
Gay,  Frederick,  Harrison  and  Front  streets,  Centre 
Market  Space,  Mill  and  Concord  streets,  and  East  and 
West  Falls  avenues,  and  all  other  streets,  alleys  or  pub¬ 
lic  thoroughfares  or  highways  intersecting  with  the  be¬ 
fore  named  streets  within  the  flooded  district  aforesaid 
shall  be  regraded,  rekerbed  and  repaved  as  much  as 
may  be  necessary,  to  conform  to  the  regraded  streets 
before  named. 

35.  A  sewer  shall  be  constructed  on  the  west  side  of 
the  said  falls  of  such  dimensions  as  may  be  deemed 
necessary,  in  the  discretion  of  the  City  Commissioner. 

36.  Whenever  there  is  a  prospect  of  an  extraordinary 
rise  in  the  waters  of  Jones’  Falls,  so  as  to  threaten  an 
overflow  upon  the  adjacent  property,  it  shall  be  the 


ORDINANCES. 


43 


duty  of  the  City  Commissioner,  upon  receiving  infor¬ 
mation  to  that  effect  from  any  of  the  residents  or 
property  holders  in  that  vicinity,  to  take  prompt  and 
active  measures,  and  employ  a  sufficient  force  to  prevent 
the  obstruction  or  damming  up  of  the  said  waters,  and  to 
draw  on  the  Register,  with  the  approbation  of  the 
Mayor,  for  the  amount  of  any  expenses  that  may  be  in¬ 
curred  in  any  such  service. 

37.  The  City  Commissioner  is  hereby  authorized  cw.y  code.,  1893, 
and  directed,  whenever  he  shall  deem  it  necessary,  to 

notify  the  owner  or  owners  of  property  binding  upon  Noticetoown- 

Jones’  Falls,  within  the  limits  of  the  city,  to  have  the  p™Pei,ty  wal1- 

same  walled  upon  the  line  of  said  Jones’  Falls,  with  a 

good  and  sufficient  stone  wall,  to  such  height  as  said 

Commissioner  may  direct,  and  to  have  the  same  backed 

up  or  filled  with  earth  so  as  to  secure  such  property 

from  inundation  by  water,  and  when  the  same  shall 

have  been  walled  up  wholly  or  in  part,  to  rebuild  or 

repair  in  a  good  and  sufficient  manner  any  such  stone 

wall. 

38.  If  any  person  or  persons  or  body  politic  shall  Ibid.,  Sec.  5. 
refuse  or  neglect  to  have  any  such  wall  built,  rebuilt  or 
repaired,  as  above  provided  for,  within  two  months  after  Commissioner*, 
receiving  notice  from  said  Commissioner,  asset  forth  in 

the  preceding  section,  it  shall  then  be  the  duty  of  said 
Commissioner,  and  he  is  hereby  authorized  and  directed 
to  cause  such  wall  to  be  built,  rebuilt  or  repaired,  as 
specified  in  said  notice;  and  the  cost  thereof  shall  be  a 
lien  upon  the  property  so  walled  up,  repaired  or  re¬ 
built  as  aforesaid,  to  be  recovered  in  due  course  of  law 
from  the  owner  or  owners,  or  body  politic,  so  refusing 
to  build,  rebuild  or  repair,  after  notice  as  aforesaid. 


44 


ORDINANCES. 


Ibid.,  Sec.  6. 


How  vessels 
shall  enter. 


39.  All  vessels  entering  tlie  mouth  of  Jones’  Falls 
shall  be  required  to  enter  by  the  eastern  side  or  chan¬ 
nel  thereof;  and  all  vessels  passing  out  the  mouth  of 
said  Falls  shall  pass  out  by  the  western  side  or  channel 
thereof;  and  all  vessels,  excepting  steam  vessels,  pass¬ 
ing  in  or  out  the  mouth  of  said  falls  shall  sound  a  horn 
to  signal  the  keeper  of  the  drawbridge;  and  no  vessel 
shall  be  suffered  to  be  anchored,  moored  or  lie  in  said 
stream  within  one  hundred  and  fifty  feet  from  the  city 
dock  drawbridge.  Any  tugboat  entering  the  mouth  of 
said  Jones’  Falls  shall  be  required  to  sound  two  blasts 
upon  her  steam  whistle  before  reaching  said  mouth; 
and  any  tugboat  passing  out  the  mouth  of  said  Falls 
shall  in  like  manner  give  three  blasts  of  her  whistle; 
and  no  craft  shall  attempt  to  piss  the  middle  of  the 
centre  pier  of  the  drawbridge  until  the  said  draw  shall 
be  fully  open  and  over  the  centre  of  the  guard  pier. 
In  case  of  any  violation  of  any  of  the  requirements  of 
this  section  the  master  or  person  in  charge  of  the  vessel, 
tugboat  or  other  craft  so  offending,  shall  be  liable  to  a 
penalty  of  five  dollars  for  each  and  every  offence;  to  be 
enforced  as  other  fines  for  the  violation  of  city  ordi¬ 
nances  are  enforced. 


cuy  Code,  1893,  40.  It  shall  be  the  duty  of  the  bridge-tender  in  charge 

Art.  30,  Sec.  7. 

of  the  city  dock  drawbridge  to  notify  any  barge,  flat- 
Dutios  of  boat,  scow  or  other  mastless  vessel  which  in  the  judg- 

bridge  tender. 

ment  of  said  bridge-tender  shall  be  so  loaded  that  said 
barge  or  other  vessel  cannot  pass  under  the  drawbridge 
without  risk  of  injury  to  said  bridge  to  stop  until  the 
draw  of  said  bridge  can  be  opened  for  the  passage  of 
said  vessel.  Any  master  or  other  person  in  charge  of 
any  such  barge  or  other  vessel  who  when  so  notified  by 


ORDINANCES. 


45 


the  bridge-tender  shall  refuse  or  fail  to  stop  as  afore¬ 
said  shall  be  liable  to  a  fine  of  five  dollars  for  each  and 
every  offence. 

41.  It  shall  be  the  duty  of  the  bridge-tender  to  report  ibid., sec.  s. 
all  violations  of  this  ordinance  to  the  City  Commis-  Toreportvio- 

J  lations. 

sioner  at  the  City  Hall. 

RAILROADS. 

Tracks  and  Switches. 

42.  All  railroad  tracks  and  switches  now  laid,  and  cuy  code,  1893, 

Art.  41,  Sec.  11 

those  that  may  be  hereafter  laid  in  any  of  the  streets, 

lanes  or  alleys  in  the  city  of  Baltimore,  shall  be  filled  Howto  be  laid. 

up  between  the  rails  thereof  within  one  and  a  half 

inches  of  the  top  of  the  iron  rails,  and  raised  with  a 

convex  form  in  the  centre  even  with  the  top  of  said 

rails,  with  good  even  stone  pavements,  or  by  planking 

the  same  with  two  inch  oak  plank. 

13.  The  owners  and  occupiers  of  all  railroads  and  ma.,  sec.  12. 
switches  above  referred  to  shall  at  all  times  keep  them 
in  good  condition,  as  prescribed  by  this  ordinance,  un-  good  condition, 
der  a  penalty  of  ten  dollars  for  every  day  (after  notice 
shall  have  been  given)  that  any  part  thereof  shall,  in 
the  opinion  of  the  City  Commissioner,  require  repair¬ 
ing  ;  and  in  case  of  the  neglect  or  refusal  to  do  the  same 
within  the  time  specified  in  said  notice,  then  said  Com¬ 
missioner  shall  have  the  same  done  in  a  good  and 
sufficient  manner,  at  the  expense  of  said  owner  or 
occupier. 


46 


ORDINANCES 


CONSTRUCTION  OF  RAILWAYS. 

aty  code,  1893,  44.  It  shall  be  the  duty  of  the  City  Commissioner 

Art.  41,  Sec. 19.  J  J 

from  time  to  time  to  examine  the  construction  of  the 

Construction  several  railway  tracks  authorized  by  ordinances  to  be 

an<I  condition 

of  tracks.  laid  within  the  limits  of  the  city,  and  to  report  to  the 
Mayor  any  obstruction  or  impediment  to  the  ordinary 
use  of  any  street  or  streets  caused  by  the  said  tracks 
being  improperly  laid  and  not  being  in  conformity  with 
the  provisions  of  the  ordinances  authorizing  their  con¬ 
struction;  and  it  shall  be  the  duty  of  the  Mayor  to  en¬ 
force  the  ordinance  relating  to  the  removal  of  said 
tracks,  unless  in  his  judgment  the  remedy  shall  be  fur¬ 
nished  by  the  enactment  contained  in  the  succeeding 
section. 

cuy  code ,  1893,  45.  it  shall  and  may  be  lawful  for  the  Mayor  of  the 

Art.  4,  Sec.  20.  J  J 

city  to  exercise  his  discretion  in  all  cases  where  an 

alteration1  of  obstruction  or  impediment  is  caused  by  the  mode  of 
construction  of  any  railway  within  the  city  to  the  ordi¬ 
nary  use  of  said  street,  to  have  the  said  track  entirely 
removed,  or  to  have  the  said  track  so  altered  or 
arranged  as  to  abate  the  evil  complained  of  by  giving 
notice  to  said  companies  or  owners  of  said  railway 
tracks,  who  shall  be  allowed  a  reasonable  time  to  make 
said  alteration  under  the  direction  of  the  City  Commis¬ 
sioner;  and  upon  a  failure  on  the  part  of  said  companies 
or  owners  to  comply  with  the  said  notice,  it  shall  be 
the  duty  of  the  City  Commissioner  to  have  the  said 
work  done,  and  the  bills  shall  be  collected  from  the 
owners  of  said  railway  tracks  by  legal  proceedings,  if 
the  same  shall  be  disputed  or  remain  unpaid  for  the 
space  of  thirty  days. 


ORDINANCES. 


47 


46.  It  shall  be  the  duty  of  the  City  Commissioner  to  ibid.,  sec.  21. 
examine  the  construction  of  said  railways  and  enforce 
strictly  all  the  provisions  of  ordinances  relating  to  the  gutters, 
obstruction  of  the  gutters  caused  by  the  laying  of  said 
railway  tracks;  and  in  all  cases  of  obstruction  and  im¬ 
pediments  of  any  kind  arising  from  the  improper  con¬ 
struction  of  railway  tracks,  in  which  no  other  remedy 

is  now  provided  by  ordinance,  it  shall  be  the  duty  of 
the  City  Commissioner  to  give  notice  to  the  owners  of 
said  railway  tracks  that  unless  the  said  obstructions  be 
removed  or  altered  so  as  to  remedy  the  evil  complained 
of  within  a  reasonable  time,  the  City  Commissioner 
shall  proceed  to  have  the  said  railway  reconstructed  at 
the  cost  of  the  owners  aforesaid. 

47.  If  at  any  time  hereafter  any  railway  shall  be  con-  1893t 

structed  within  the  limits  of  the  city,  in  a  mode  or 
manner  so  as  to  obstruct  the  ordinary  use  of  the  street  Penalty. 

or  streets  in  which  the  said  railway  shall  be  laid  down, 
the  owners  of  said  railway  shall  be  subject  to  a  penalty 
of  one  hundred  dollars,  and  be  liable  to  a  fine  of  five 
dollars  for  each  and  every  day  such  obstructions  shall 
be  permitted  to  remain  after  notice  of  the  City  Com¬ 
missioner  to  remove  the  same. 

STEAM  RAILWAYS. 

Baltimore  and  Ohio  Railroad. 


*  48.  All  the  rights  and  privileges,  and  each  and  every  ma.,  sec.  23. 
authority  and  permission  heretofore  granted  to  or  con- 

Ordinanees 

f erred  upon  the  Baltimore  and  Ohio  Railroad  Company  confirmed, 
by  ordinances  heretofore  duly  passed  by  the  Mayor  and 
City  Council  of  Baltimore,  and  in  force  on  the  first  day 
of  March,  1892,  are  hereby  confirmed,  subject  to  all  the 


48 


ORDINANCES. 


terms,  obligations,  reservations,  conditions,  limitations, 
restrictions,  provisos  and  penalties  contained  in  said 
ordinances,  as  fully  as  if  the  said  ordinances  were  in 
this  Code  set  out  at  length.* 


Baltimore  and  Potomac  Railroad  and  Northern 

Central  Railway. 


aty  Code  1893  49.  All  the  rights  and  privileges,  authority  and  per- 

Art.  41,  Sec.  24.  lxlissi011  heretofore  granted  to  or  conferred  upon  the 

ordinances  Baltimore  and  Potomac  Railroad  Company  and  upon 
UUM  U  i' the  Northern  Central  Railway  Company  by  ordinances 
heretofore  duly  passed  by  the  Mayor  and  City  Council 
of  Baltimore,  and  in  force  on  the  first  day  of  March, 
1892,  are  hereby  confirmed,  subject  to  all  the  terms, 
obligations,  reservations,  conditions,  limitations,  restric¬ 
tions,  provisos  and  penalties  contained  in  said  ordi¬ 
nances  as  fully  as  if  the  said  ordinances  were  in  this 
Code  set  out  at  length,  f 

*The  several  ordinances  relating  to  the  Baltimore  and  Ohio  Railroad 
Company  are  as  follows:  No.  28,  March  28,  1829.  No.  18,  April  4.  1831. 
No.  34,  April  25,  1831.  No.  41,  April  6,  1832.  No.  48,  May  24,  1853.  No. 
41,  April  7,  1837.  No.  21,  Apri l  19,  1845.  No.  37,  May  2,  1845.  No.  21, 
1845.  No.  38,  May  18,  1860.  No.  101,  October  18,  1860.  No.  72,  May  18, 
1864.  No.  6,  March  20,  1867.  No.  22,  April  10,  1868.  No.  52,  July  17, 
1869.  No.  45,  June  8,  1874.  Res.  No.  198,  April  10,  1873.  No.  100,  May 
11,  1880.  No.  122,  May  5,  1880.  No.  146,  October  22,  1880.  Res.  No. 
148.  May  11,  1880.  No.  63,  May  5,  1881.  No.  98,  May  21,  1881.  No.  7, 
May  23.  1882.  No.  9,  February  21,  1882.  No.  11,  March  9,  1883.  No.  41, 
April  25,  1883.  No.  119,  June  2,  1884.  No.  10,  March  11,  1885.  No.  16, 
March  18,  1885.  No.  12,  March  24,  1887.  No.  7,  March  14,  1888.  No.  63, 
May  16,  1889.  No.  87,  June  7,  1889. 

fThe  several  ordinances  relating  to  the  Baltimore  and  Potomac  Railroad 
Company  are  as  follows:  No.  26,  May  29,  1869.  No.  49,  April  25,  1870. 
No.  26,  May  29,  1869.  , 

The  several  ordinances  relating  to  the  Northern  Central  Railway  Company 
are  as  follows:  No.  33,  April  25,  1831.  No.  31,  April  10,  1837.  No.  36, 
April  19,  1839.  No.  55,  June  20,  1854.  No.  51,  June  10,  1857.  No.  59,  May 
11,  1863.  No.  31,  May  18,  1865.  No.  76,  June  20,  1866.  No.  38,  May  5, 
1874.  No.  119,  October  19,  1882.  No.  62,  May  3,  1882.  No  88  May  24, 
1884.  No.  89,  May  24,  1884.  No.  155,  October  21,  1889.  No.  132,  June 
11,  1890. 


ORDINANCES. 


49 


Philadelphia,  Wilmington  and  Baltimore  Railroad. 

50.  In  like  manner,  all  and  singular,  tlie  rights,  and  ma.,  sec.25. 
privileges,  authority  and  permission  heretofore  granted 
to  or  conferred  upon  the  Philadelphia,  Wilmington  and 0r(iiconflrmed. 
Baltimore  Railroad  Company,  by  ordinances  heretofore 
passed  by  the  Mayor  and  City  Council  of  Baltimore,  and 
in  force  on  the  first  day  of  March,  1892,  are  hereby  con¬ 
firmed,  subject  to  all  the  terms,  obligations,  reserva¬ 
tions,  conditions,  limitations,  restrictions,  provisos  and 
penalties  contained  in  said  ordinances,  as  fully  as  if  the 
said  ordinances  were  in  this  Code  set  out  at  length.* 


Union  Railroad. 

51.  In  like  manner,  all  and  singular,  the  rights  and  aty  code,  1893, 

•  j  •  1  ••  -i  j  n  ;  -1  Axt*  41,  See,  26. 

privileges,  authority  and  permission  heretofore  granted 
to  or  conferred  upon  the  Union  Railroad  Company  by  ordinances 
ordinances  heretofore  duly  passed  by  the  Mayor  and 
City  Council  of  Baltimore,  and  in  force  on  the  first  day 
of  March,  1892,  are  hereby  confirmed,  subject  to  all  the 
terms,  obligations,  reservations,  conditions,  limitations, 
restrictions,  provisos  and  penalties  contained  in  said  or¬ 
dinances,  as  fully  as  if  the  said  ordinances  were  in  this 
Code  set  out  at  length. f 

*The  several  ordinances  relating  to  the  Philadelphia,  Wilmington  and 
Baltimore  Railroad  Company  are  as  follows:  No.  ,  August  2,  1887. 

No.  70,  June  16,  1858.  No.  14,  April  18,  1862.  No.  119,  October  19,  1882. 

Res.  No.  44,  March  16,  1886.  Res.  No.  152,  November  6,  1889. 

tThe  several  ordinances  relating  to  the  Union  Railroad  Company  are  as 
follows:  No.  2,  December  1,  1870.  No.  77,  June  21,  1873.  No.  36,  April 
5,  1890. 


50 


ORDINANCES. 


Ibid.,  Sec.  27. 


Ordinances 

confirmed. 


City  Code ,  1893, 
Art.  41,  Sec.  28. 


Ordinances 

confirmed. 


Western  Maryland  Railroad,  Western  Maryland 
Tidewater  Railroad  and  Western  Mary¬ 
land  Railroad  Terminal. 

52.  In  like  manner,  all  and  singular,  the  rights  and 

v 

privileges,  authority  and  permission  heretofore  granted 
to  or  conferred  upon  the  Western  Maryland  Rail¬ 
road  Company,  the  Western  Maryland  Terminal 
Company,  and  the  Western  Maryland  Tidewater  Rail¬ 
road  Company,  by  ordinances  heretofore  duly  passed 
by  the  Mayor  and  City  Council  of  Baltimore,  and  in 
force  on  the  first  day  of  March,  1892,  are  hereby  con¬ 
firmed,  subject  to  all  the  terms,  obligations,  reservations, 
conditions,  limitations,  restrictions,  provisos  and  penal¬ 
ties  contained  in  said  ordinances,  as  fully  as  if  the  said 
ordinances  were  in  this  Code  set  out  at  length.* 

Baltimore  Belt  Railroad. 

53.  All  the  provisions  of  Ordinances  Nos.  83  and  84, 
approved  May  14,  1890,  relating  to  the  route  of  the 
railroad  of  the  Baltimore  Belt  Railroad  Company 
through  the  city  of  Baltimore,  and  the  mode,  terms 
and  conditions  of  the  building  and  construction  of  said 
railroad  within  said  city,  and  authorizing  said  company 
in  the  construction  of  its  railroad  to  make  certain  uses 
of  the  streets  of  said  city,  are  hereby  re-enacted  and 
confirmed  as  fully  as  if  the  same  were  herein  repro¬ 
duced  at  length. 

*The  several  ordinances  relating  to  the  Western  Maryland  Railroad  Com¬ 
pany,  the  Western  Maryland  Terminal  Company,  and  the  Western  Mary¬ 
land  Tidewater  Railroad  Company,  are  as  follows:  No.  95,  October  22, 
1873.  No.  22,  April  3,  1879.  No.  33,  April  17,  1879.  No.  71,  May  10,  1882. 
No.  92,  May  25,  1882.  No.  114,  October  9,  1882.  No.  11,  March  10,  1886. 
No.  23,  April  5,  1889.  No.  133,  June  11,  1890. 


ORDINANCES. 


51 


54.  All  tlie  provisions  of  Ordinances  No.  51,  approved 
April  18,  1892,  and  No.  19,  approved  February  27, 1893, 
relating  to  the  Baltimore  Belt  Railroad  Company,  are  re-enacted, 
hereby  re-enacted  and  ordained  as  fully  as  if  the  same 
were  herein  reproduced  at  length. 


Baltimore  and  Lehigh  Railroad. 

55.  The  provisions  of  Ordinance  No.  94,  approved  May  ma.,  sec.  29 
18,  1881,  and  of  Ordinance  No.  27,  approved  March  20, 

7  7  Ordinances 

1882,  relating  to  the  Baltimore  and  Delta  Railroad  confirmed. 
Company,  now  known  by  the  name  of  the  Baltimore 
and  Lehigh  Railroad  Company,  are  hereby  re-enacted 
and  confirmed  as  fully  as  if  the  same  were  herein  re¬ 
produced  at  length. 


STREET  PASSENGER  RAILWAYS. 


Tracks  Across  Bridges. 


56.  It  shall  not  be  lawful  for  any  passenger  railway  ^rt^'se^m’. 
company  to  construct  any  railway  track  over  any  of  the 

Street  r  3i  i  1  • 

bridges  belonging  to  the  city  of  Baltimore  in  any  other  ways,  how  to 

-in  n  .,  be  built  across 

manner  than  by  notching  the  regular  form  of  rail,  or  bridges, 
by  laying  a  bar  three-fourths  to  one  inch  in  thickness 
on  the  top  of  the  floor  of  the  bridge;  and  any  person  or 
persons  or  body  corporate  who  shall  violate  the  pro¬ 
visions  of  this  section  shall  forfeit  and  pay  a  penalty 
of  twenty  dollars,  and  a  further  penalty  of  ten  dollars 
for  every  day  such  violation  shall  be  continued,  to  be 
recovered  in  the  same  manner  as  other  fines  and  penal¬ 
ties  are  now  recoverable. 


52 


ORDINANCES. 


REPAIRS  TO  STREETS. 

city  code,  1893,  57.  Said  railway  companies  shall  keep  the  streets 

uAvt,  41  j  See*  d4r. 

covered  by  said  tracks,  and  extending  two  feet  on  the 
tweenYracK outer  limits  of  either  side  of  said  tracks,  in  thorough 
feet  on  each  repair,  at  their  own  expense,  and  shall  free  the  same 
in  repair.  from  snow  or  other  obstructions,  in  doing  which  they 
shall  not  cause  to  be  obstructed  the  other  portions  of 
the  street  on  either  side  of  the  railway  tracks  author¬ 
ized  by  this  article  to  be  constructed,  and  for  non- 
compliance  the  Mayor  and  City  Council  may  impose 
such  reasonable  fines,  not  exceeding  twenty  dollars  per 
square,  to  be  collected  as  other  fines  are  now  collected. 

ibid.,  sec.  35.  58.  For  each  and  every  case  of  neglect,  failure  or  re¬ 

fusal  on  the  part  of  any  of  the  street  passenger  railway 

Penalty  for  (  ##  #  # 

failing  to  put  companies  of  this  city  to  put  in  thorough  repair,  at  their 
pair.  own  expense,  the  streets  in  which  their  tracks  are  laid, 

in  the  manner  specified  in  the  ordinance  granting  to 
said  company  or  companies  the  use  of  said  streets, 
after  being  duly  notified  by  the  City  Commissioner  in 
writing,  of  the  necessity  for  such  repairs,  the  company 
so  neglecting,  failing  or  refusing  to  make  such  repairs, 
shall  pay  a  fine  of  twenty  dollars  for  every  square  on 
the  route  or  line  of  tracks  of  said  company,  in  or  along 
which  it  shall  so  neglect,  fail  or  refuse  to  put  said 
streets  in  repair;  said  fines  to  be  enforced  as  other  fines 
for  the  violation  of  city  ordinances  are. 

• 

SAND  ON  RAILS. 

city  code,  1893,  59.  The  several  street  railway  companies  are  author- 

Art.  41,  Sec.  36. 

0  ,  .  ized,  from  time  to  time,  to  spread  clean  sand  or  gravel 

Sand  or  gravel  ’  '  *  ° 

upon  raiis.used  upon  and  between  their  rails. 


ORDINANCES. 


53 


Baltimore  City  Passenger  Railway  Company. 

(30.  All  the  provisions  of  all  the  ordinances  of  the  Ibid.,  Sec.  37. 
Mayor  and  City  Council  of  Baltimore  heretofore  duly 

urciniciiiCGS 

passed,  relating  to  the  Baltimore  City  Passenger  Rail-  confirmed, 
way  Company,  and  in  force  on  March  1,  1892,  are  here¬ 
by  re-enacted  and  ordained  as  fully  as  if  the  same  were 
herein  reproduced  at  length.* 


61.  All  the  provisions  of  Ordinances  No.  66,  approved  wy  cod*,  1893 
April  29,  1892,  and  No.  102,  approved  October  8,  1892, 
relating  to  the  Baltimore  City  Passenger  Railway  Com¬ 
pany  are  hereby  re-enacted  and  ordained  as  fully  as  if 
the  same  were  herein  reproduced  at  length. 


Ordinances 

re-enacted. 


Baltimore  Traction  Company. 

Formerly  the  Citizens'  Railway  Company. 

62.  All  the  provisions  of  all  the  ordinances  of  the  ma.,  sec.  38. 
Mayor  and  City  Council  of  Baltimore  relating  to  the 

47  Ordinances 

Citizens’  Railway,  heretofore  duly  passed  and  in  force  confirmed, 
on  March  1,  1892,  are  hereby  re-enacted  and  ordained  as 
fully  as  if  the  same  were  herein  reproduced  at  length. f 

*These  ordinances  are  as  follows:  No.  44.  March  28,  1859.  No.  44,  June 

28,  1830.  No.  70,  August  1,  1860.  No.  54,  September  11,  1865.  No.  9, 

February  23,  1866.  No.  21,  May  11,  1869.  No.  27,  March  30,  1870.  No. 

27,  March  30,  1870.  No.  3,  November  29, 1870.  No.  4,  November  18,  1871. 

No.  88,  July  5,  1872.  No.  147,  October  9,  1875.  No.  49,  May  14,  1879. 

No.  20,  March  16,  1880.  No.  102,  June  16,  1880.  No.  80,  May  14,  1885. 

No.  85,  May  18,  1887.  No.  115,  October  18,  1887.  No.  35,  April  26,  1889. 

No.  79,  May  15,  1889.  No.  93,  June  7,  1889.  No.  172,  November  8,  1889. 

tThese  ordinances  are  as  follows:  No.  70,  July  9,  1868.  No.  85,  June 

29,  1870.  No.  109,  June  19,  1871.  No.  7,  November  22,  1871.  No.  2, 

November  17,  1874.  No.  88,  October  4,  1878.  No.  22,  March  25,  1884. 

No.  41,  April  18,  1887.  No.  56,  May  4,  1887.  No.  18,  March  22,  1889. 

No.  123,  June  7,  1890. 


54 


ORDINANCES. 


Central  Railway. 

cuy  code ,  1893,  *  63.  All  the  provisions  of  all  the  ordinances  of  the 
jrui,*c.j9.  May0r  and  City  Council  of  Baltimore,  duly  passed  and 
in  force  on  March  1,  1802,  relating  to  the  Central 
Passenger  Railway  Company,  are  hereby  re-enacted  and 
ordained  as  fully  as  if  the  same  were  reproduced  in  this 
ibid.,  39A.  Code  at  length.  All  the  provisions  of  all  the  ordinances 

of  the  Mayor  and  City  Council  of  Baltimore,  duly 
passed  and  in  force  on  March  1,  1892,  relating  to  the 
Central  Cross  Town  Line,  are  hereby  re-enacted  and 
ordained  as  fully  as  if  the  same  were  reproduced  in 
this  code  at  length.* 


City  Code,  1893, 
Art.  41, Sec.  39^4. 


Ordinances 

re-enacted. 


64.  All  the  provisions  of  Ordinances  No.  19,  approved 
March  2,  1892,  and  No.  62,  approved  April  27,  1892, 
relating  to  the  Central  Railway  Company,  are  hereby 
re-enacted  and  ordained  as  fully  as  if  the  same  were 
reproduced  herein  at  length. 


Baltimore  and  Hall’s  Springs  Railway. 

....  _  4A  65.  All  the  provisions  of  all  the  ordinances  of  the 

Ibid.,  Sec.  40. 

Mayor  and  City  Council  of  Baltimore,  relating  to  the 
°r<^1  conflrme d.  Baltimore  and  Hall’s  Springs  Railway  Company,  duly 
passed  and  in  force  on  March  1,  1892,  are  hereby  re¬ 
enacted  and  ordained  as  fully  as  if  the  same  were 
reproduced  in  this  Code  at  length. f 

*These  ordinances  are  as  follows:  No.  54,  April  21,  1881.  No.  57,  April 
27,  1881.  No.  2,  February  17,  1883.  No.  114,  May  29,  1884^  No.  56,  May 
2,  1885.  No.  154,  July  2,  1890. 

tThese  ordinances  are  as  follows:  No.  90,  July  16,  1872.  No.  107, 
October  18,  1872.  No.  47,  June  9,  1874.  No.  101,  May  25,  1875.  No.  91, 
October  24,  1879,  No.  83,  March  31,  1880.  No.  18,  March  20,  1885. 


ORDINANCES. 


55 


Highlandtown  and  Point  Breeze  Railway. 

66.  All  the  provisions  of  the  several  ordinances  of  the  Ibidm  Sec  41 
Mayor  and  City  Council  of  Baltimore,  relating  to  the 
Highlandtown’  and  Point  Breeze  Railway,  duly  passed  confirmed, 
and  in  force  on  March  1,  1892,  are  hereby  re-enacted 

and  ordained  as  fully  as  if  the  same  were  herein  repro¬ 
duced  at  length. 

Baltimore,  Canton  and  Point  Breeze  Railway. 

67.  All  the  provisions  of  Ordinance  No.  50,  approved  ma.,  sec.  aa. 
April  18,  1892,  relating  to  the  Baltimore,  Canton  and 

Point  Breeze  Railway  Company  of  Baltimore  city,  are  re-enacted, 
hereby  re-enacted  and  ordained  as  fully  as  if  the  same 
were  herein  reproduced  at  length. 

Baltimore,  Pimlico  and  Pikesville  Railway. 

68.  The  Baltimore,  Pimlico  and  Pikesville  Railway  i6lA>  Sec.  42. 
Company  is  authorized  to  use  upon  its  road  the  Roberts 

]\X  8i  y  ii  s  o 

Noiseless  Steam  Motor,  from  North  avenue  to  the  city  Roberts  Noise¬ 
less  steam 

limits,  provided  said  motor  shall  not  exhaust  snioke  or  Motor, 
steam  into  the  atmosphere. 

The  North  Avenue  Railway. 

69.  All  the  provisions  of  Ordinances  No.  46,  approved  Cily  Code  1893 
April  8,  1892,  and  No.  1,  approved  November  18,  1892,  ArL^  ^c-45a- 
relating  to  the  North  Avenue  Railway  Company  of  ordinances 
Baltimore  city,  are  hereby  re-enacted  and  ordained  as 

fully  as  if  the  same  were  herein  reproduced  at  length. 


56 


ORDINANCES. 


North  Baltimore  Passenger  Railway. 

ibid.,  sec.  46a.  70.  All  the  provisions  of  Ordinance  No.  23,  approved 

ordinance  March  14,  1892,  relating  to  the  North  Baltimore  Passen- 
re-enacted.  ger  Raiiway  Company,  are  hereby  re-enacted  and  or¬ 
dained  as  fully  as  if  the  same  were  herein  reproduced 
at  length. 


Baltimore  and  Randallstown  Railroad. 


Citij  Code,  1893, 
Art.  41,  Sec.  43. 


Ordinance 

confirmed. 


71.  The  provisions  of  Ordinance  No.  68,  approved 
May  24,  1872,  relating  to  the  Baltimore  and  Randalls¬ 
town  Railroad,  are  hereby  re-enacted  and  ordained  as 
fully  as  if  the  same  were  herein  reproduced  at  length. 


Baltimore  and  Powhatan  Railway. 


ibid.,  sec.  44.  72.  The  Baltimore  and  Powhatan  Railway  Company 

May  use  stor- *s  authorized  to  use  as  a  motive  power  for  propelling  its 
age  electricity.  cars  storage  electricity,  or  such  other  improved  motive 

power,  excepting  steam  power,  as  said  company  shall 
elect  to  use  upon  its  line  of  railway  within  the  city 
limits,  the  same  beginning  at  the  northern  terminal  of 
the  Edmondson  avenue  tracks  of  the  North  Baltimore 
Passenger  Railway  Company,  and  ending  at  the  north¬ 
ern  boundary  of  the  present  city  limits,  where  the  same 
intersects  the  Windsor  road.  The  said  Baltimore  and 
Powhatan  Railway  Company  shall  have  the  privilege 
to  erect  the  necessary  engines,  machinery  and  plant  for 
the  purposes  herein  granted  under  the  rules  governing 
the  erection  of  buildings  and  placing  of  engines  within 
.  the  city  limits. 


ORDINANCES. 


57 


North  Avenue  Electric  Railway. 

73.  All  the  provisions  of  the  several  ordinances  of  the  ibid.,  sec.  45. 
Mayor  and  City  Council  of  Baltimore,  duly  passed  and  ()1.dinancos 
in  force  on  the  first  of  March,  1892,  relating  to  the  confirmed. 
North  Avenue  Electric  Railway  Company,  are 

hereby  re-enacted  and  ordained  as  fully  as  if  the  same 
were  reproduced  in  this  Code  at  length. 

1 

North  Baltimore  Passenger  Railway. 

Formerly  called  the  Baltimore ,  Peabody  Heights  and. 

Waverly  Railroad. 

»  % 

74.  All  the  provisions  of  the  several  ordinances  of  c%ty  code,  isos. 

Art.  41,  Sec.  40. 

the  Mayor  and  City  Council  of  Baltimore,  relating  to 
the  Baltimore,  Peabody  Heights  and  Waverly  Railroad,  0rdiJonflnned 
and  to  the  North  Baltimore  Passenger  Railway  Com¬ 
pany,  duly  passed  and  in  force  on  the  first  day  of 
March,  1892,  are  hereby  re-enacted  and  ordained  as 
fully  as  if  the  same  were  reproduced  at  length  in  this 
Code.* 


The  People’s  Railway. 

Formerly  called  the  People’s  Passenger  Railway 

Company. 

75.  All  the  ordinances  of  the  Mayor  and  City  Council  nta.,  sec. 47. 
of  Baltimore,  relating  to  the  People’s  Passenger  Rail- ()r  lliiam.t , 
way  Company,  and  the  People’s  Railway  Company,  duly  conflnT 

*The  ordinances  relating  to  the  Baltimore,  Peabody  Heights  and  Wav¬ 
erly  Railroad  are  as  follows:  No.  27,  March  28,  1872.  No.  74,  June  7, 

1872.  No.  106,  June  8,  1875.  No.  36,  April  28,  1879.  No.  24,  March  26, 

1884.  No.  25,  April  2,  1885. 

The  ordinances  relating  to  the  North  Baltimore  Passenger  Railway  Com¬ 
pany  are  as  follows  :  No.  63,  May  3,  1888.  No.  42,  May  9,  1889.  No.  145, 

September  9,  1889. 


58 


ORDINANCES. 


passed  and  in  force  on  first  of  March,  1892,  are  hereby 
re-enacted  and  ordained  as  fully  as  if  the  same  were 
reproduced  in  this  Code  at  length. f 


The  Baltimore  Union  Passenger  Railway. 

city  code,  1893,  76.  All  the  provisions  of  the  ordinances  of  the  Mayor 

4i,  &c.  48.  and  City  Council  of  Baltimore  relating  to  the  Baltimore 
Ordinances  Union  Passenger  Railway  Company,  duly  passed  and  in 

confirmed  •  _ 

force  on  first  of  March,  1892,  are  hereby  re-enacted  and 
ordained  as  fully  as  if  the  same  were  reproduced  in  this 
Code  at  length.* 


Baltimore  Union  Passenger  Railway,  Highlandtown 
and  Point  Breeze  Railway,  and  the  City  and 

Suburban  Railway. 

ibid.,  Sec.  48a.  77.  All  the  provisions  of  Ordinance  No.  47,  approved 

April  8,  1892,  relating  to  the  Baltimore  Union  Passem 

Ordinances 

re-enacted,  ger  Railway  Company,  and  of  Ordinance  No.  121,  ap¬ 
proved  May  4,  1893,  relating  to  the  City  and  Suburban 
Railway  Company,  the  successor  of  the  Baltimore  Union 
Passenger  Railway  Company,  and  the  Highlandtown 
and  Point  Breeze  Railway  Company,  are  hereby  re¬ 
enacted  and  ordained  as  fully  as  if  the  same  were  herein 
reproduced  at  length. 

t These  ordinances  are  as  follows:  No.  74,  June  28,  1878.  No.  105. 
October  23,  1878.  No.  16,  March  18,  1879.  No.  76,  July  5,  1879.  No.  58, 
April  27,  1881.  No.  49,  May  2,  1884.  No.  104,  May  24,  1884.  Res.  No. 
176,  May  26,  1884.  No.  80,  June  2,  1886.  No.  77,  May  24,  1889. 

*These  ordinances  are  as  follows:  No.  150,  October  25,  1880.  No.  65, 
May  5,  1881.  No.  40,  April  6,  1882.  No.  96,  June  16,  1886.  No.  98, 
September  30,  1887.  No.  155,  July  2,  1890. 


ORDINANCES. 


59 


Baltimore  and  Yorktown  Turnpike  Road. 

78.  All  the  provisions  of  the  ordinances  of  the  Mayor  ibid.,  sec.  49. 
and  City  Council  relating  to  the  Baltimore  and  York- 

Ordinances 

town  Turnpike  Road,  duly  passed  and  in  force  on  first  confirmed, 
of  March,  1892,  are  hereby  re-enacted  and  ordained  as 
fully  as  if  the  same  were  reproduced  in  this  Code  at 
length,  t 


Electric  Storage  Company. 

79.  The  Electric  Storage  Company  of  Baltimore  city  lbid >Sec  50 
shall  have  the  right  to  use  one  traction  car  or  railway 
carriage,  propelled  by  storage  battery  or  batteries,  upon mJmon' Tricks 

x.  ,  -i  n  .1  -1  .  with  consent  of 

any  one  or  more  01  the  tracks  ot  railway  and  switches  railway  com¬ 
panies. 

belonging  to  the  respective  passenger  railway  compa¬ 
nies  in  the  city  of  Baltimore,  with  the  previous  assent 
and  permission  of  each  of  the  passenger  railway  compa¬ 
nies  whose  tracks  are  so  used ;  provided,  that  such 
traction  car  or  railway  carriage  so  propelled  shall  not 
be  propelled  at  a  greater  rate  of  speed  than  five  miles 
per  hour,  except  when  there  are  grades  requiring  a 
greater  speed,  and  that  such  speed  shall  not  exceed  the 
rate  of  six  miles  per  hour  ;  and  that  the  person  or  per¬ 
sons  having  charge  of  such  traction  car  or  railway 
carriage  so  propelled  shall  ring  a  bell  or  strike  a  gong 
when  approaching  any  and  every  cross  street;  the  said 
Electric  Storage  Company  of  Baltimore  city,  using  such 
traction  car  or  railway  carriage  so  propelled  under  the 
provisions  of  this  section,  and  violating  in  such  use  any 
of  the  conditions  herein  set  forth,  shall  be  liable  to  a 

t  These  ordinances  are  as  follows:  No.  7,  February  17,1803.  No.  15, 

March  21,  1803.  No.  40,  June  20,  1805.  No.  130,  October  14,  1871.  No. 

55,  April  30,  1873.  No.  48,  June  9,  1874.  No.  100,  May  27,  1881. 


60 


ORDINANCES. 


Penally.  penalty  of  $20  for  every  violation  of  any  of  such  con¬ 
ditions;  provided,  however,  that  said  company  shall  be 
responsible  for  any  and  all  damage  of  every  kind  for 
tlie  use  of  said  track.  The  Mayor  of  the  city  of  Balti¬ 
more  may,  in  the  exercise  of  his  discretion,  revoke  at 
any  time  the  permission  hereby  granted  to  said  Elec¬ 
tric  Storage  Company  of  Baltimore  city. 


City  Code,  1893, 
Art.  41,  Sec.  51. 


Ordinance 

re-enacted. 


The  Edmondson  Avenue,  Catonsville  and  Ellicott 

City  Railway. 

80.  All  the  provisions  of  Ordinance  No.  109,  ap¬ 
proved  October  17,  1892,  relating  to  the  Edmondson 
Avenue,  Catonsville  and  Ellicott  City  Railway  Com¬ 
pany,  are  hereby  re-enacted  and  ordained  as  fully  as  if 
the  same  were  herein  reproduced  at  length. 


general. 

aty  code.  1893,  81.  All  ordinances  relating  to  railroads  in  force  at  the 

time  of  the  adoption  of  this  Code,  not  herein  specially 

General,  re-en¬ 
acting  section.  referred  to,  are  hereby  re-enacted  as  fully  as  if  herein 

reproduced  at  length. 


REPAIRS  BY  RAILWAY  COMPANIES. 


ord.  no.  12,  82.  It  shall  be  the  duty  of  the  various  city  passenger 

App.  Feb.23,1893. 

and  other  railway  companies,  whenever  it  may  be  nec- 
Raiiway  com- essary  for  the  purpose  of  repairing  or  repaving  the  beds 
place  the  flag-  of  the  streets  within  the  present  corporate  limits,  oc- 

stones. 

cupied  by  or  between  the  tracks  of  any  of  the  said  com¬ 
panies,  to  remove  any  of  the  flagstones  used  as  street 
crossings,  or  the  granite  or  iron  gutter-plates  laid  at  the 
city’s  or  their  own  expense,  to  replace  the  same  properly 
after  completing  the  said  repairs  or  repaving. 


ORDINANCES. 


61 


83.  It  shall  be  the  duty  of  the  City  Commissioner  to  Ibid- 
notify  the  proper  officer  or  officers  of  any  of  said  com-  Duty  of  C1 
panies  of  the  violation  of  the  provisions  of  this  ordi- Commlssloner" 
nance,  whenever  the  same  may  occur,  and  if  after  the 
lapse  of  ten  days  after  giving  the  said  notice  the  said 
company  or  companies  neglect  the  same,  then  the  said 
company  or  companies  shall  be  liable  to  a  fine  of  $10  per  Penalty- 
day,  during  each  day,  until  said  stones  or  plates  are  re¬ 
placed,  the  said  fine  to  be  collected  in  such  manner  as 
all  other  fines  for  violations  of  the  city’s  ordinances  are 
collected,  and  that  this  ordinance  shall  take  effect  from 
the  date  of  its  approval. 


FENDERS. 

84.  All  city  passenger  railway  companies  using  any  ora.  no.  ioo, 

App.  Oct.  6, 1894. 

of  the  streets  of  Baltimore  for  the  purpose  of  running 
thereon  street  railway  cars  propelled  by  any  species  of 
mechanical  traction,  shall  provide  for  each  car  or  train  tQ^ep/ovided8 
of  cars  a  car-fender  or  fenders  with  both  front  and 
wheel  guards  of  a  design  which  the  Mayor,  Register 
and  City  Commissioner  shall  have  certified  in  writing 
over  their  signatures  to,  in  their  judgment,  comply 
with  the  requirements  set  forth  in  the  report  made  to 
the  commission  appointed  under  the  provisions  of  reso¬ 
lution  of  the  Mayor  and  City  Council,, No.  184,  approved 
April  28,  1894,  by  Mendes  Cohen,  engineer  to  said 
commission.  A  failure  on  the  part  of  any  of  said  com¬ 
panies  to  comply  with  the  provisions  of  this  ordinance 
within  three  months  after  the  day  of  its  approval,  shall 
subject  such  company  so  in  default  to  a  fine  or  penalty 
of  five  dollars  a  day  for  each  and  every  car  operated 
without  said  fender  or  fenders;  said  fines  to  be  collected 
as  other  fines  and  penalties  for  violation  of  city  ordi¬ 
nances  are  collected. 


Penalty. 


62 


ORDINANCES. 


BOLTON  LOT. 

Ord.  No.  10,  85.  Whereas,  By  Section  3,  of  Ordinance  No.  51,  ap- 

App.Ftbw, I893- prove(^  April  18,  1892,  entitled  “An  ordinance  to  provide 
for  the  sale  by  the  Mayor  and  City  Council  of  Balti- 
preambie.  more  to  the  Baltimore  Belt  Railroad  Company  of  a 
portion  of  the  Bolton  lot  property,  and  for  the  improve¬ 
ment  of  the  residue  of  said  property  as  a  public  park,” 
it  is  provided  that  so  much  of  the  property  in  said  or¬ 
dinance  designated  as  the  Bolton  lot  property  as  shall 
remain  after  the  purchase  by  the  Baltimore  Belt  Rail¬ 
road  Company  of  the  portion  of  the  said  Bolton  lot 
property  particularly  described  in  Section  1  of  said  Or¬ 
dinance  No.  51,  of  April  18,  1892,  and  which  is  required 
for  depot  purposes,  shall  be  henceforth  dedicated  and 
used  as  a  park  for  the  use  of  the  public;  and 

Whereas,  It  may  not  be  for  the  public  interest  that 
said  portion  of  said  lot  shall  be  so  used  and  maintained 
preamble,  as  a  public  park,  and  may  be  for  the  public  interests  to 
use  the  same  for  other  and  different  municipal  pur¬ 
poses;  and 

Whereas,  It  is  the  intention  of  this  ordinance  to  ex¬ 
pressly  repeal  and  modify  said  Section  3  of  said  Ordi¬ 
nance  No.  51,  of  April  18,  1892,  so  far  as  the  same  may 
be  construed  in  any  way  to  obligate  or  bind  the  Mayor 
preamble,  and  City  Council  to  maintain  or  keep  any  part  of  the 
said  Bolton  lot  property  for  park  purposes,  or  to  in  any 
way  prevent  the  said  Mayor  and  City  Council  from 
hereafter  using  said  property  for  any  other  municipal 
purpose  they  may  deem  proper;  therefore, 

Section  1.  Be  it  enacted  and  ordained  by  the  Mayor 
and  City  Council  of  Baltimore,  That  Section  3  of  Ordi- 


ORDINANCES. 


63 


nance  No.  51,  approved  April  18,  1892,  be  repealed  and 
re-enacted  so  as  to  read  as  follows: 

Sec.  3.  And  be  it  further  enacted  and  ordained,  That  Mayor  to  nou- 

7  fy  the  Belt  R.  R. 

in  case  said  purchase  be  consummated,  then  on  or  before  co.ot  themten- 
the  first  day  of  January,  1895,  the  Mayor  shall,  in 
writing,  inform  the  president  of  the  Baltimore  Belt  ^  lot 
Railroad  Company  whether  the  city  authorities  desire 
and  intend  to  use  and  maintain  the  portion  of  said 
Bolton  lot  not  taken  by  the  Belt  Railroad  Company  as 
a  park  for  the  use  of  the  public,  and  the  hereinbefore 
mentioned  deed,  if  executed  and  delivered  as  aforesaid, 
shall  contain  a  covenant  on  the  part  of  the  said  railroad  _  ,  , 
company,  binding  it,  in  case  the  Mayor  shall  notify  in  tainacovenant 
writing  within  the  above  prescribed  time  its  president 
that  the  city  authorities  do  not  intend  to  use  said 
remaining  portion  of  Bolton  lot  as  a  public  park,  to 
within  three  months  after  the  receipt  of  such  notice  (or 
within  such  further  time  as  the  Mayor  may  designate, 
in  no  event,  however,  to  exceed  six  months  from  the 
receipt  of  said  notice),  at  its  own  expense  to  grade  said 
lot  in  a  manner  satisfactory  to  the  City  Commissioner, 
and  a  further  covenant  on  the  part  of  said  company, 
binding  it,  in  case  the  Mayor  shall  within  the  prescribed 
time  notify  its  president  that  the  city  authorities  do 
intend  to  use  said  remaining  portion  of  Bolton  lot  as  a 
public  park,  to  do,  or  cause  to  be  done,  at  its  own  expense, 
all  excavating,  planting  of  trees  and  shrubs,  sodding, 
making  of  walks  and  drives,  and  general  improvements 
of  that  nature,  for  the  purpose  of  fitting  for  the  uses  of 
a  public  park  all  the  residue  of  said  property  not  con¬ 
veyed  to  the  said  company,  the  same  to  be  done  under 
the  supervision  of  the  Park  Board,  or  its  engineer  or 
agent,  and  to  the  extent  and  manner  they  or  he  may 


(34 


ORDINANCES. 


Deed  to  con-  direct  .and  to  complete  such  work  not  later  than  six 

tain  a  further  7  r 

covenant.  months  after  the  receipt  of  said  notice;  and  a  further 
covenant,  that  all  that  portion  of  the  property  to  be 
conveyed  to  said  company,  which  shall  be  used  by  it 
for  the  purpose  of  a  roadway  or  walk  to  the  depot  court, 
shall  remain  at  all  times  open  to  the  public,  and  access 
to  it  shall  never  be  obstructed  by  means  of  fencing, 
gates,  or  in  any  other  manner,  and  nothing  in  this  ordi¬ 
nance  shall  be  construed  as  in  any  way  preventing  the 
Mayor  and  City  Council  from,  at  any  time  hereafter, 
changing  the  use  of  the  portion  of  said  Bolton  lot 
property,  not  herein  sold  to  the  Belt  Railroad  Company, 
to  any  municipal  uses  other  than  that  of  a  public  park. 


SEWERS. 

aty  code,  1893,  86.  The  Commissioners  for  Opening  Streets,  together 

with  the  City  Commissioner,  are  hereby  constituted  a 

Board. 

board  to  carry  into  effect  the  provisions  of  this  article. 

ibid.,  sec.  2.  87.  In  each  and  every  case,  before  the  commissioners 

shall  proceed  to  act  as  a  board  in  the  exercise  of  the 

Oath  of  Board. 

powers  confided  to  them  by  this  article,  they  shall 
severally  take  and  subscribe  the  following  oath  or 
affirmation  before  a  Justice  of  the  Peace:  “I,  A.  B.,  do 
swear,  or  solemnly,  sincerely  and  truly  declare  and 
affirm,  that  I  will,  to  the  best  of  my  judgment,  knowl¬ 
edge  and  ability,  faithfully,  impartially  and  diligently 
execute  the  duties  of  a  commissioner  for  the  construc¬ 
tion  of  sewers  in  the  city  of  Baltimore,  according  to  law 
and  the  ordinances  of  the  Mayor  and  City  Council  of 
Baltimore. 


ORDINANCES. 


65 


88.  The  said  oath  or  affirmation  shall  be  recorded  in  ibid.,  sec.  3. 

a  book  to  be  provided  bv  the  said  commissioners  for  the  _  ^ 

recording  of  their  proceedings,  and  the  justice  in  whose corded-  # 
presence  the  said  oath  or  affirmation  shall  be  made  and 
subscribed  shall  certify  thereto  under  his  hand  in  the 

same  book. 

89.  The  clerk  to  the  Commissioners  for  Opening  Streets  Ibid.,  Sec.  4. 
shall  keep  a  full  and  true  record  of  all  their  proceedings  D 

in  a  book  provided  as  aforesaid,  under  the  direction  andGlerk- 
supervision  of  the  City  Solicitor,  and  in  such  form  as 
he  may  describe;  and  the  said  clerk  shall  record  all 
orders  made  by  the  said  commissioners  in  regard  to  the 
performance  of  their  duties,  and  make  true  copies  of  all 
notices  by  them  directed  to  be  published,  and  the  cer¬ 
tificate  of  the  publication  thereof;  and  shall  perform 
such  other  necessary  duties  as  the  said  commissioners 
shall  require;  and  the  said  commissioners  shall  also 
have  the  power  to  obtain  the  services  of  the  City  services  of 
Surveyor,  and  such  other  assistants  and  agents  as  they  ^'lorclty  Sur‘ 
may  deem  necessary,  in  the  exercise  of  their  powers, 
and  allow  to  the  clerk,  and  each  of  the  persons  so  em¬ 
ployed  by  them,  such  compensation  as  may  be  fixed  by 
ordinance,  and  if  not  so  fixed,  as  the  said  commissioners 
may  deem  reasonable,  and  assess  the  said  compensation 
and  all  other  necessary  charges;  and  the  clerk  and  other 
persons  to  be  so  employed  shall  severally  take  and 
subscribe  an  oath  or  affirmation  similar  in  substance  to 
that  required  to  be  taken  and  subscribed  by  the  com¬ 
missioners,  which  shall  be  in  like  manner  entered  in  the 
record  of  the  proceedings  of  the  said  commissioners. 


66 


ORDINANCES. 


cuy  code,  1893,  90.  When  the  said  commissioners  shall  assess  a  sum 

Art  45  Sec  5 

of  money  to  be  paid  by  any  person  or  persons  for  bene- 
^ Benefits  and  fit s  derived  by  such  person  or  persons,  by  constructing, 

QcilllctgCS. 

opening,  enlarging  or  straightening  any  sewer,  and  shall 
assess  a  sum  of  money  to  be  paid  to  the  same  persons 
for  injury  sustained  by  constructing,  opening,  enlarging 
or  straightening  any  sewer,  it  shall  and  may  be  lawful, 
upon  a  certificate  and  abstract  of  title  from  the  Examiner 
of  Titles,  for  the  Register  or  Collector  to  receive  from 
such  person  or  persons  an  assignment  for  the  sum  or 
sums  so  assessed  as  damages  as  aforesaid. 


ibid.,  sec.  6.  91.  Whenever  the  Mayor  and  City  Council  of  Balti¬ 

more  shall  hereafter  by  ordinance  direct  the  Commis- 

Proceedmgs 

ecutingdordf-s^UIiers  ^or  Openin&  Streets. and  Sewers  to  construct, 
nance.  open,  enlarge  or  straighten  any  sewer  within  the  bounds 

of  this  city,  the  said  commissioners  shall  give  at  least 
thirty  days’  notice  in  at  least  two  of  the  daily  news¬ 
papers  of  the  city,  and  also  thirty  days’  notice,  in  writ¬ 
ing,  to  the  owners  or  agents  of  any  private  property 
through  which  any  sewer  may  be  intended  to  pass,  of 
the  object  of  the  ordinance  under  which  they  are  about 
to  act,  and  of  the  day,  hour  and  place  of  their  first 
meeting  under  the  said  ordinance;  and  the  said  com¬ 
missioners  shall  meet  at  the  time  and  place  mentioned 
in  the  notice  given  by  them,  and  proceed  to  exercise 
the  power  and  perform  the  duty  assigned  to  and  re¬ 
quired  of  them,  under  and  by  virtue  of  this  article,  and 
ascertain  whether  any  and  what  amount  in  value  of 
damage  will  thereby  be  caused  to  the  owner  of  any 
right  or  interest  claimed  in  any  ground  or  improve¬ 
ments  within  or  adjacent  to  the  said  city,  over  and 
above  the  amount  in  value  of  benefit  which  will  thereby 


ORDINANCES. 


67 


accrue  to  such  owner,  for  which,  taking  into  considera¬ 
tion  all  advantages  and  disadvantages,  such  owner 
ought  to  be  compensated;  and  in  addition  thereto  shall 
award  to  the  occupant  or  occupants  of  any  lot  of  ground 
or  of  any  improvement  that  may  be  removed,  such 
damages,  if  any,  as  the  commissioners,  or  a  majority  of 
them,  may  believe  such  party  or  parties  have  sustained 
by  such  removal;  and  the  said  commissioners,  after 
having  ascertained  the  whole  amount  of  damages  as 
aforesaid,  and  after  having  added  thereto  an  estimate 
made  by  them  of  the  probable  amount  of  expenses 
which  will  be  incurred  in  the  performance  of  the  duties 
required  of  them  as  aforesaid,  and  also  the  expense 
incurred  by  the  Register  under  the  provisions  of  this 
article,  shall  proceed  to  assess  all  the  ground  and  im¬ 
provements  within  and  adjacent  to  the  city,  the  owners 
of  which,- as  such,  the  said  commissioners  shall  decide 
and  deem  to  be  directly  benefited  by  accomplishing  the 
object  authorized  in  the  ordinance  aforesaid,  being 
governed  as  far  as  practicable  by  the  number  of  super¬ 
ficial  feet  drained;  and  should  the  direct  benefits 
assessed  as  aforesaid  not  be  equal  to  the  damage  and 
expenses  incurred,  the  balance  of  said  expenses  and 
damages  shall  be  paid  by  the  City  Register  and  be 
taken  out  of  the  general  levy;  subject,  nevertheless,  to 
all  such  restrictions  exempting  certain  descriptions  of 
property  from  assessment  as  are  contained  in  any  law 
of  the  State  or  in  any  ordinance  of  the  city. 


92.  In  every  case  where  it  shall  be  necessary,  in  order  city  code,  ms, 

J  J  ’  Art.  45,  Sec.  7. 

to  effect  the  object  proposed,  that  a  part  only  of  a 

house  and  lot,  or  of  a  lot,  shall  be  taken  and  used  or  de-  wh^re^aft 

stroyed,  and  the  owner  or  owners  thereof  shall  claim  to t'yls  taken!per" 


68 


ORDINANCES. 


be  compensated  for  the  whole,  the  said  commissioners 
may  ascertain  the  full  value  thereof,  as  if  the  whole  lot 
and  improvements  were  necessary  to  be  taken  and  used 
for  such  proposed  object,  and  the  whole  amount  of  such 
valuation,  when  finally  decided  on,  shall  be  paid  or 
tendered  to  the  owner  or  owners  thereof,  or  invested 
in  city  stock  for  his,  her  or  their  use  before  any  part 
thereof  shall  be  destroyed,  removed  or  used,  unless  such 
owner  or  owners  shall  assent  thereto  in  writing,  as  pro¬ 
vided  in  Section  14  of  this  article;  and  the  said  com¬ 
missioners,  after  giving  ten  days’  notice  in  two  of  the 
daily  newspapers  of  the  city,  of  the  time  and  place, 
manner  and  terms  of  sale,  shall  sell  the  materials  of 
any  house  which  it  shall  be  necessary  to  remove,  in 
whole  or  in  part,  and  the  residue  of  any  lot  of  which  a 
part  shall  be  taken  and  used  as  necessary  to  effect  the 
object  confided  to  the  commissioners,  and  for.  the  whole 
of  which  the  commissioners  may  award  compensation  as 
hereinbefore  provided,  at  public  auction,  to  the  highest 
bidder  for  cash,  to  be  paid  on  the  day  when  full 
possession  shall  be  given  of  the  property  or  materials 
so  sold;  and  the  said  commissioners,  or  a  majority  of 
them,  on  receiving  the  price  or  sum  of  money  so  bid, 
shall  by  a  good  and  sufficient  deed,  to  be  executed  and 
acknowledged  by  them  in  the  form  and  manner  re¬ 
quired  by  law  for  conveying  the  title  of  lands  in  this 
State,  convey  any  ground  by  them  so  sold  to  the  pur¬ 
chaser  thereof  ;  and  such  sale  shall  be  made  before  the 
commissioners  shall  proceed  to  assess  the  amount  of 
damages  and  expenses  to  be  assessed  as  directed  by  this 
article;  and  the  said  commissioners  are  duly  em¬ 
powered  to  take  and  receive  a  bond  of  the  pur¬ 
chaser  of  the  property  or  materials  aforesaid,  with  a 


ORDINANCES. 


69 


penalty  to  the  Mayor  and  City  Council  of  Baltimore, 
that  the  price  for  which  the  same  was  sold  shall  be 
duly  paid  at  such  time  as  they,  the  said  commissioners, 
are  prepared  to  deliver  possession  of  said  property  and 
materials,  and  that  the  said  purchaser  shall  remove, 
within  sixty  days  thereafter,  such  materials  so  sold, 
and  all  rubbish  or  other  obstructions  occasioned  thereby, 
and  in  the  event  of  the  purchasers  failing  forthwith  to 
comply  with  the  terms  of  said  sale,  the  commissioners 
shall  resell  the  said  property  or  materials  at  the  risk  of 
the  former  purchaser  or  purchasers,  giving  not  less  than 
five  days’  notice  of  said  sale  in  two  of  the  daily  news¬ 
papers  of  the  city  aforesaid ;  provided,  however,  that 
when,  in  the  opinion  of  said  commissioners,  the  part  of 
a  lot  necessary  to  effect  the  object  proposed  can  be 
taken  without  destroying  the  whole  lot  for  the  purpose 
for  which  it  is  used,  or  for  building  purposes,  then  said 
commissioners  shall  condemn  such  part  only  of  such  lot 
as  is  necessary  for  the  proposed  object,  and  shall  award 
to  the  owner  or  owners  of  the  part  of  the  lot  so  taken 
such  damages,  and  assess  the  remainder  thereof  such 
benefits  as  in  their  judgment  shall  be  just  and  proper  ; 
provided  further,  that  when  a  lot  is  destroyed  for  the 
purposes  for  which  it  is  used,  or  for  building  purposes, 
then  the  said  commissioners  shall  give  a  notice  in  writ¬ 
ing  to  the  owner  or  owners  thereof,  or  their  agent  or 
agents,  of  the  damage  about  to  be  sustained,  and  such 
owner  or  owners,  or  their  agent  or  agents  as  aforesaid ? 
shall  have  the  space  of  thirty  days  to  determine  whether 
they  will  or  not  surrender  the  lot  so  damaged. 


70 


ORDINANCES. 


City  Code,  1893, 
Art.  45,  Sec.  8. 

Statement  of 
proceedings  to 
be  filed  with 
City  Register. 


Notice  by  ad¬ 
vertisement  of 
review  of  pro¬ 
ceedings. 


93.  As  soon  as  the  commissioners  aforesaid  shall  have 
completed  the  valuation  of  damages  ascertained  by 
them,  as  directed  by  Section  6  of  this  article,  they  shall 
cause  a  statement  thereof  to  be  made  out  and  placed  in 
the  office  of  the  City  Register  for  the  inspection  of  all 
persons  desiring  information  of  its  contents,  and  such 
statement,  together  with  an  explanatory  map  or  maps, 
shall  contain  a  correct  description  of  each  separate  lot 
or  parcel  of  ground  deemed  to  have  sustained  damages, 
its*  length  and  breadth,  the  name  of  any  street,  square, 
lane  or  alley  on  which  it  bounds ;  the  names  of  all  per¬ 
sons  who  shall  claim  any  estate  or  interest  in  it,  and 
the  amount  of  damages  as  valued  by  the  commis¬ 
sioners  ;  and  if  there  be  any  house  or  other  improvement 
on  it  necessary  to  be  removed  in  whole  or  part,  a  de¬ 
scription  of  the  size  and  such  other  particulars  as  the 
commissioners  shall  deem  proper,  and  in  like  manner  a 
description  of  each  parcel  of  ground  deemed  by  the 
commissioners  to  be  benefited,  the  name  or  names  of 
such  person  or  persons  as  shall  claim  any  estate  or  in¬ 
terest  therein  and  the  amount  assessed  thereon  for 
benefits;  and  the  commissioners  shall  cause  a  notice  to 
be  published  four  successive  days,  in  three  daily  news¬ 
papers  of  the  city,  stating  the  extent  of  the  ground 
covered  by  the  assessment,  and  that  such  statement  and 
map  or  maps  have  been  so  deposited  with  the  Register 
for  examination,  and  that  the  commissioners  will  meet 
at  the  office  of  the  Commissioners  for  Opening  Streets 
and  Sewers  on  a  day  in  such  notice  to  be  named,  which 
shall  be  within  ten  days  after  the  first  publication  of 
such  notice,  to  review  any  of  the  several  matters  set 
forth  in  the  said  statement,  to  which  any  person  claim¬ 
ing  to  be  interested  therein  shall,  on  that  day  so  ap- 


ORDINANCES. 


71 


pointed,  make  objection;  and  the  commissioners  shall 
meet  at  the  time  and  place  so  appointed,  and  consider 
all  such  representations  and.  testimony  on  oath  or  affir¬ 
mation,  verbal  or  in  writing,  in  relation  to  any  matter 
in  said  statement  which  shall  be  offered  to  them  on  be¬ 
half  of  any  person  claiming  to  be  interested  therein- 
and  the  said  commissioners  shall  make  all  such  correc¬ 
tions  and  alterations  in  the  valuations,  assessments  and 
estimates,  and  all  other  matters  contained  in  the  said 
statements  and  explanatory  map  or  maps  aforesaid,  as 
in  their  judgment  shall  appear  to  them,  or  a  majority 
of  them,  to  be  just  and  proper;  and  they  may  adjourn 
from  day  to  day,  if  necessary,  to  give  all  parties  claim¬ 
ing  a  review  an  opportunity  to  be  heard,  not  exceeding 
in  the  whole  ten  days;  and  after  closing  such  review 
the  commissioners  shall  make  all  such  corrections  in 
their  statement  and  explanatory  map  or  maps  as  they 
shall  deem  proper,  and  cause  such  statement  and  map 
or  maps  so  corrected  and  certified  under  the  hands 
and  seals  of  said  commissioners  and  their  clerk,  to  be 
deposited  in  the  office  of  the  Register  as  one  of  the 

°  Notice  by 

records  of  the  city;  and  it  shall  be  the  duty  of  the  Reg-  Register, 
ister  within  five  days  after  said  proceedings  shall  have 
been  deposited  in  his  office,  do  notify  all  persons  inter¬ 
ested,  by  an  advertisement  to  be  inserted  once  a  week 
for  four  successive  weeks  in  three  of  the  daily  news¬ 
papers  of  the  city,  that  the  said  assessment  and  maps  have 
been  so  placed  in  his  office,  and  that  the  parties  inter¬ 
ested  therein  are  entitled  to  appeal  therefrom  by  peti¬ 
tion  in  writing  to  the  Baltimore  City  Court. 


I 


72 


ORDINANCES. 


cay  code,  1893,  94.  Any  person  or  persons,  or  corporations,  who  may 

Art,.  45,  Sec.  9. 

be  dissatisfied  with  the  assessment  of  damages  or  bene- 
proceedings  fits  as  hereinbefore  provided  may,  within  thirty  days 

upon  appeal  to 

Baltimore  city  after  the  return  of  corrected  statement  and  map  or 

Court.  r 


maps  to  the  Register,  as  provided  in  the  eighth  section 
of  this  article,  and  the  first  publication  of  the  notice 
thereof  by  the  Register,  appeal  therefrom,  by  petition 
in  writing,  to  the  Baltimore  City  Court,  praying  the 
said  court  to  review  the  same,  and  on  any  such  appeal 
the  court  may  and  shall  appoint  a  day  for  hearing  said 
appeal,  which  shall  not  be  less  than  five  nor  more  than 
thirty  days  after  the  expiration  of  the  thirty  days 
limited  for  taking  appeals  as  aforesaid,  and  shall  direct 
the  clerk  of  the?  said  court  to  issue  a  subpoena  duces 
tecum  to  the  Register  of  the  City,  requiring  him  to 
produce  and  deliver  to  said  court  the  record  of  the  pro¬ 
ceedings  of  the  Board  of  Commissioners  in  the  case, 
and  all  maps,  plats,  documents  and  papers  connected 
with  such  record;  and  the  said  Baltimore  City  Court 
shall  have  full  power  to  hear  and  fully  examine  the 
subject  and  decide  on  the  said  appeal,  and  for  that  pur¬ 
pose  is  hereby  authorized  and  empowered  to  adjourn 
from  time  to  time,  and  may  cause  all  such  appeals  to 
be  consolidated,  or  may  hear  and  decide  them  sepa¬ 
rately,  and  may  require  the  said  commissioners,  their 
clerks,  surveyor  or  other  agents  and  servants,  or  any 
of  them,  and  all  such  other  persons  as  the  court  shall 
deem  necessary  to  attend  and  examine  them  on  oath  or 
affirmation,  and  may  permit  and  require  all  such  ex¬ 
planations,  amendments  and  additions  be  made  to  and 
of  the  said  record  of  the  proceedings  as  the  said  court 
shall  deem  requisite;  and  the  persons  appealing  to  the 
Baltimore  City  Court  as  aforesaid  shall  be  secured  in 


ORDINANCES. 


73 


tlie  right  of  a  jury  trial,  and  the  said  court  shall  direct 
the  Slier  iff  of  Baltimore  City  to  summon  twelve  or 
more  persons  qualified  to  be  jurors,  and  shall  empanel 
any  twelve  disinterested  persons  so  summoned  or  at¬ 
tending  the  court  to  try  any  question  of  facts,  and  if 
necessary  to  view  any  property  in  the  city  or  adjacent 
thereto  to  ascertain  and  decide  on  the  amount  of  dam¬ 
ages  or  benefits  under  the  direction  of  the  court;  and 
the  said  court  shall  not  reject  or  set  aside  the  record  of 
the  proceedings  of  the  said  commissioners  for  any  de¬ 
fect  or  omission  in  either  form  or  substance,  but  shall 
amend  or  supply  all  such  defects  and  omissions,  and 
increase  or  reduce  the  amount  of  damages  and  benefits 
assessed,  and  alter,  modify  and  correct  the  said  return 
of  proceedings  in  all  or  any  of  its  parts  as  the  said  court 
shall  deem  just  and  proper,  and  shall  cause  the  pro¬ 
ceedings  and  decisions  on  said  returns  and  appeals  to 
be  entered  in  the  book  containing  the  record  of  the 
proceedings  of  the  commissioners,  certified  by  the  clerk, 
under  the  seal  of  the  court,  and  the  book  to  be  trans¬ 
mitted  to  the  Register  of  the  City,  which  shall  be  final 
and  conclusive  in  every  respect,  unless  an  appeal  be 
taken  to  the  Court  of  Appeals,  and  such  records,  book 
or  copy  of  the  proceedings  therein,  or  any  part  of  such 
proceedings,  whether  in  court  or  out  of  court,  certified 
by  the  Register  of  the  City,  under  the  corporate  seal  of 
the  city,  shall  be  evidence  in  any  court  in  this  State; 
and  the  Judge  of  the  Baltimore  City  Court  shall  have 
full  power,  in  his  discretion,  to  add  the  reasonable  costs 
of  any  appeal,  to  be  taxed  by  him,  or  any  part  thereof,  to 
the  damages  to  be  collected  for  constructing,  opening, en¬ 
larging  or  straightening  any  sewer,  or  to  require  such 
cost,  or  any  part  thereof,  to  be  paid  by  all,  or  by  either 


74 


ORDINANCES. 


of  the  appellants,  as  the  circumstances  of  each  appeal 
in  his  opinion  shall  justify. 


City  Code,  1893, 
Art.  45,  Sec.  10. 

Transfers  of 
proceedings  to 
City  Collector. 


95.  If  no  appeal  shall  have  been  prayed  within  ten 
days  after  the  time  hereinbefore  limited  therefor,  or 
after  the  return  of  the  decision  upon  any  appeal  shall 
have  been  made  to  the  Register,  the  said  Register  shall 
transfer  the  said  commissioner’s  return  to  the  Collector, 
who  shall  proceed  forthwith  to  notify  the  parties  as¬ 
sessed  for  benefits,  by  means  of  bills  specifying  the 
several  sums  so  assessed,  and  warning  them  that  if  the 
same  be  not  paid  within  six  months  from  the  date  of 
such  transfer  of  said  commissioners’  return,  he  will 
proceed  to  sell  the  specific  piece  or  parts  of  property  on 
which  such  unpaid  sum  or  sums  of  money  shall  have 
been  assessed,  in  the  manner,  and  after  having  given 
the  notice  directed  by  the  eleventh  section  of  this 
ordinance. 


ibid.,  sec.  ii.  96.  If  the  sums  assessed  upon  the  property  benefited 

shall  not  be  paid  within  the  time  above  limited,  the 
erty  l6for  ^non-  Collector  is  hereby  authorized  and  directed  to  sell  the 
benefits.  of  property  or  any  part  thereof  on  which  such  assessment 
has  been  laid,  giving  not  less  than  thirty  days’ nor  more 
than  sixty  days’  notice  of  said  sale  in  two  of  the  daily 
newspapers  published  in  the  city  of  Baltimore;  said 
notice  to  be  published  within  ten  days  after  the  expira¬ 
tion  of  the  time  limited  in  the  tenth  section  for  the 
payments  of  said  benefits,  and  the  moneys  so  collected 
by  the  Collector  shall  be  paid  over  by  him  to  the 
Mayor  and  City  Council  of  Baltimore,  as  other  moneys 
are  directed  to  be  paid  over,  and  by  them  to  the  persons 
entitled  to  receive  the  same. 


ORDINANCES. 


75 


97.  In  all  cases  in  which  the  City  Collector  shall  sell Ibid- &c- 12- 
any  property  on  account  of  the  non-payment  of  assess-  Terms  and 
nients  made  for  the  constructing,  opening,  enlarging  orsale- 
straightening  of  any  sewer,  it  shall  be  his  duty  to  sell 

said  property  to  the  extent  and  subject  to  the  same  con¬ 
ditions  which  are  provided  by  ordinance  for  the  sale  of 
real  estate  in  the  city  of  Baltimore,  charged  with  the 
payment  of  other  taxes  imposed  by  this  corporation; 
and  in  the  event  of  the  purchaser  or  purchasers  failing 
forthwith  to  comply  with  the  terms  of  said  sale,  the 
Collector  shall  resell  the  same  at  the  risk  of  the  former 
purchaser,  giving  not  less  than  ten  days’  notice  in  two 
of  the  daily  newspapers  of  the  city  aforesaid;  and  after 
collecting  the  benefit  assessments  he  shall  forthwith 
return  the  proceedings  of  said  commissioners  to  the  City 
Comptroller. 

98.  The  Collector  on  receiving  the  full  amount  of  the  Cuy  code,  1873, 
purchase  money  on  such  sale  shall  execute  a  deed  of  ArL  45,  Sec'  13‘ 
conveyance  in  favor  of  the  purchaser  or  purchasers,  orclla Hr. t0  pur" 
their  assigns  or  assignees,  which  deed  shall  convey  a 

fee  simple  or  leasehold  estate,  as  the  case  may  be,  in 
and  to  such  property;  and  after  deducting  the  costs  of 
sales,  advertising  and  other  necessary,  expenses,  he 
shall  pay  the  balance  of  such  purchase  money  to  the 
the  Mayor  and  City  Council  of  Baltimore,  who  shall 
pay  over  the  said  balance,  after  deducting  the  amount 
assessed  on  said  property,  to  the  person  or  persons  en¬ 
titled  thereto  on  demand  without  interest. 

99.  All  the  sums  of  money  assessed  by  the  coinmis- 

J  J  Ibid.,  Sec.  14. 

sioners  aforesaid,  upon  property  deemed  by  them  to  be 

*  Benefits  to  be 

benefited,  shall  be  and  continue  liens  on  each  several  uena  on  prop- 

7  erty. 

piece  of  property  so  assessed  to  the  amonnt  of  its  par- 


76 


ORDINANCES. 


City  Code,  1893, 
Art.  45,  Sec.  15. 

Lien  transfer¬ 
able  to  third 
party  paying 
benefits. 


Ibid.,  Sec.  16. 

Appointment 
of  special  com¬ 
missioners. 


ticular  assessment,  until  the  same  shall  be  paid  to  the 
citv;  but  no  sewer  shall  be  constructed,  opened,  en- 
larged  or  straightened  on  or  under  the  ground  of  any 
person  or  persons,  or  corporations  adjudged  by  the  com¬ 
missioners  to  be  entitled  to  damages  for  said  opening 
and  so  forth,  without  the  consent  in  writing  of  the  per¬ 
son  or  corporation  so  entitled,  until  such  damages  shall 
be  paid,  or  the  amount  thereof  invested  in  the  city 
stock  for  the  use  of  each  person  or  corporation  entitled 
to  any  part  of  the  compensation  for  such  damages  to 
the  amount  of  his,  her  or  their  respective  right  and 
interest  therein,  of  which  investment  the  Register’s  cer¬ 
tificate,  under  the  corporate  seal  of  the  city,  shall  be 
competent  proof. 

100.  Any  person  or  persons  not  claiming  title  to  any 
lot  or  piece  of  property  upon  which  any  sums  shall  be 
assessed  as  aforesaid,  may  pay  the  amount  of  the  sum 
so  assessed  within  the  time  limited,  to  the  Register 
of  the  City,  and  obtain  his  certificate  of  having  paid 
such  sum  without  claiming  title  to  the  property,  and 
such  payments  shall  vest  in  the  person  or  persons  pay¬ 
ing,  his,  her  or  their  heirs  the  lien  on  such  lot  or 
property  mentioned  in  Section  99  of  this  article. 

101.  If  it  should  so  happen  that  any  one  or  more  of 
said  commissioners  should  be  interested  in  any  particu¬ 
lar  case,  the  Mayor  shall  make  a  temporary  appoint¬ 
ment  of  a  commissioner  or  commissioners  to  act  in  the 
place  and  stead  of  such  interested  commissioner  or 
commissioners,  who  shall  take  the  oath  or  affirmation, 
as  the  case  may  be,  and  in  all  respects  conduct  himself 
as  the  commissioners  who  are  biennially  appointed. 


ORDINANCES. 


77 


102.  In  case  the  said  commissioners  shall  commence  ma.,  sec.  it. 
any  proceedings  by  virtue  of  this  article,  they  shall  be  proceedings 

n  j  i  t.  j.  i  ,  tobe  completed 

allowed  not  exceeding  ninety  days  to  complete  the  within  90  days, 
same;  provided,  should  said  commissioners  ascertain  it 
to  be  impracticable  so  to  complete  the  said  proceedings 
they  shall  make  to  the  Mayor  or  City  Council  a  full  and  Provi80 
explicit  report  of  the  cause  or  causes  of  such  inability, 
together  with  all  such  other  matters  connected  there¬ 
with  as  the  Mayor  or  City  Council  may  from  time  to 
time  require,  and  shall  suspend  all  further  proceedings 
until  otherwise  directed. 


103.  The  said  commissioners  shall  proceed  to  close  all  cuy  code,  1893, 
their  work,  notwithstanding  they  may  not  be  reap¬ 
pointed,  within  six  months  from  and  after  the  expira-  missioners  to 

h  ci  v  g  six 

tion  of  the  time  for  which  they  were  apDointed  by  vir-  months  to  close 

all  their  work. 

tue  of  the  first  section  of  this  article. 


104.  Whenever  any  lot  or  part  of  a  lot,  or  parcel  oflbid  Sec  l9 
ground,  may  be  taken  for  the  purpose  of  constructing,  Feeaudlease. 
opening,  enlarging  or  straightening  any  sewer,  and ^ di^cfim? 
damages  assessed  therefor,  and  there  shall  be  an  out-  lmted‘ 
standing  unexpired  term  of  years  therein,  the  said 
commissioners  shall  discriminate  in  their  proceedings 
between  the  value  of  fee  simple  or  ground  rent  interest 
and  the  leasehold  interest. 


105.  Whenever  any  obstruction  shall  have  remained  im  Sec  20 
in  the  way  of  any  sewer  so  to  be  opened,  enlarged  or  ohstructi(,n. 
straightened,  for  the  space  of  sixty  days  after  the  pro-  t0^e  removed, 
ceedings  of  the  said  commissioners  shall  have  been 
returned  to  the  Register  of  the  city,  it  shall  be  the  duty 


78  ORDINANCES. 

of  said  commissioners  to  cause  the  same  to  be  removed, 
and  to  draw  on  the  Register  for  the  expenses  so  incurred, 
which  shall  be  paid  by  him;  and  the  Mayor  shall  forth¬ 
with  cause  a  suit  for  the  recovery  of  said  expenses,  to 
be  instituted  against  the  person  or  persons  by  whose 
default  the  said  obstruction  has  been  suffered  to  remain, 
and  the  same,  when  recovered,  shall  be  paid  to  the 
Register  for  the  use  of  the  city. 


ibid.,  Sec.  21.  106.  In  each  case  of  constructing,  enlarging  or  straight- 

Per  diem  to  ening  any  sewer,  under  the  provisions  of  this  article, 
the  said  commissioners  shall,  for  each  and  every  day  in 
which  they  and  their  clerk  shall  be  actually  engaged  in 
the  performance  of  their  duties,  assess  as  part  of  the 
expenses  of  their  proceedings,  a  per  diem  as  to  each  of 
said  commissioners  and  their  clerks,  of  four  dollars,  to 
be  collected  as  other  expenses  are,  and  to  be  paid  to 
the  Register  for  the  use  of  the  city. 


cuy  code,  1893,  107.  The  Commissioners  for  Opening  Streets  and 

Art.  45,  Sec.  22. 

Sewers,  so  soon  as  they  shall  have  completed  their  work 
papers8  with  on  each  sewer,  shall  deposit  all  papers  and  books 

Register. 

relating  thereto  in  the  office  of  the  City  Register. 


ibid.,  sec.  23.  108.  When  the  Mayor  and  City  Council  shall  pass  an 

City  Commis-  ordinance  for  the  opening,  constructing,  enlarging  or 

sioner  to  sur- 

vey route.  straightening  of  any  sewer  within  the  limits  of  the  city, 
the  City  Commissioner  is  hereby  authorized  and  re¬ 
quired  to  have  surveyed  the  route  of  said  sewer,  and  to 
determine  the  size  the  same  shall  be,  and  to  take  charge 
of  and  superintend  the  work  of  such  opening,  construct¬ 
ing,  enlarging  or  straightening. 


ORDINANCES. 


79 


109.  When  it  shall  have  been  determined  to  open, Ibid-’ 'SYec-24- 
construct,  enlarge  or  straighten  any  sewer,  under  the  To  advertise 
provisions  of  this  ordinance,  and  when  the  assessments 

and  survey  aforesaid  shall  have  been  made,  the  said 
City  Commissioner  shall  advertise  for  thirty  days  in  at 
least  two  of  the  daily  newspapers  of  the  city  for  proposals 
for  the  opening,  constructing,  etc.,  of  such  sewer,  accord¬ 
ing  to  plans  and  specifications  to  be  prepared  by  said  City 
Commissioner;  and  the  said  City  Commissioner  shall 
award  the  contract  for  such  opening,  constructing,  etc., 
to  the  lowest  responsible  bidder. 

110.  Before  any  contract  shall  be  executed  under  the  sec.  25. 
provisions  of  the  preceding  section,  the  contractor  contractor  to 

sjive  bond. 

or  contractors  shall  enter  into  bonds  with  good 
and  sufficient  security,  to  be  approved  by  the  Mayor 
and  Comptroller,  in  double  the  amount  of  the  contract 
price,  conditioned  for  the  faithful  and  efficient  per¬ 
formance  of  the  work  contracted  for. 

111.  If  any  person  shall  willfully  stop  or  obstruct  the  c,ty  code,  1893, 
passage  of  the  water  of  any  sewer,  made  or  which  may  '''  Vc  -u 
hereafter  be  made,  he,  she  or  they  so  offending  shall  obstructing 
forfeit  and  pay  the  sum  of  one  hundred  dollars  for  each 

and  every  such  offence. 

112.  If  any  person  or  persons,  owner  or. owners,  occu-  /&«*.,  sec.  27. 
pier  or  occupiers,  of  any  lot  within  the  city  of  Balti-  unauthorized 
more,  shall  tap  or  open,  or  cause  to  be  tapped  or  opened,  sewers.1' " 
any  of  the  public  sewers  in  the  city,  without  first  ob¬ 
taining  the  permission  of  the  City  Commissioner  and 

the  approval  of  the  Mayor,  said  person  or  persons, 
owner  or  owners,  occupier  or  occupiers,  shall  forfeit  and  penalty. 


80 


ORDINANCES. 


pay  the  sum  of  twenty  dollars  for  each  and  every  such 
offence;  and  it  shall  be  the  duty  of  the  City  Commis¬ 
sioner  to  cause  a  notice  to  be  served  upon  such  person 
or  persons,  owner  or  owners,  occupier  or  occupiers, 
directing  any  of  said  sewers  to  be  closed  when  they 
have  been  tapped  or  opened,  in  the  manner  prescribed 
by  said  notice,  and  if  such  person  or  persons,  owner  or 
owners,  occupier  or  occupiers,  shall  refuse  or  neglect  to 
comply  therewith,  lie,  she  or  they  so  refusing  or  neglect¬ 
ing,  shall  forfeit  and  pay  the  further  sum  of  five  dollars 
for  each  and  every  day  he,  she  or  they  shall  continue  to 
refuse  or  neglect  to  comply  therewith,  and  shall  moreover 
pay  the  expenses  incurred  in  case  such  sewer  shall  be 
closed  under  the  direction  of  the  City  Commissioner, 
which  said  commissioner  is  hereby  authorized  to  have 
done  in  case  of  such  neglect  or  refusal. 


Ibid.,  Sec.  28. 

Permit  for  pri¬ 
vate  sewers. 


113.  It  shall  not  be  lawful  for  any  person  or  pesons 
to  construct  within  the  city  limits  a  private  sewer, 
under  the  streets,  lanes  or  alleys  that  are  paved,  with¬ 
out  having  had  and  obtained  the  written  permission  of  the 
City  Commissioner,  approved  by  the  Mayor,  under  a 
penalty  of  twenty  dollars,  and  ten  dollars  for  each  and 
every  day  the  same  shall  remain;  and  every  application 
for  such  permission  to  erect  such  sewer  shall  be  in 
writing,  signed  by  the  person  or  persons  making  the 
same,  and  shall  name  the  length  desired. 


a  Codi>  18{n  114.  After  obtaining  permission  to  construct  or  make 

Art.  45..  Sec.  29.  such  sewer,  and  previous  to  the  commencement  thereof, 

EegiJterent  t0^ie  person  or  persons  so  applying  shall  therewith  pay 
to  the  Register  of  the  City  the  sum  of  twenty  cents  for 


ORDINANCES. 


81 


each  lineal  foot  of  ground  mentioned  as  required  for  such 
sewer,  under  a  penalty  of  twenty  dollars  for  each  and 
every  commencement  of  such  sewer  without  the  pay¬ 
ment  of  the  sum  herein  required. 


115.  It  shall  not  be  lawful  for  the  proprietor  or  pro- lbld’  Sec- 30- 
prietors  of  any  gas  works  in  the  city  of  Baltimore,  to  gas  1  matter 
allow  any  gas  tar,  or  other  similar  refuse  matter,  to  es- JJJJg  bt® 
cape  from  their  said  gas  house  or  gas  works,  as  that  the  sewer!  int0 
same  may  thereafter  flow  into  anj^  of  the  public  sewers 
of  t lie  city  of  Baltimore,  and  said  proprietors  shall  con¬ 
struct  in  connection  with  said  gas  works,  under  the 
supervision  of  the  City  Commissioner,  such  appliances 
as  will  in  his  judgment  prevent  the  flow  of  said  ele¬ 
ments  into  any  of  said  sewers;  that  any  person  or 
corporation  offending  against  any  provision  of  this 

section  shall  be  subject  to  a  fine  of  one  hundred  dol¬ 
lars  (§100)  for  each  and  every  offence. 


GRADES,  GRADING,  PAVING,  ETC. 


116.  In  all  streets  required  by  ordinances  heretofore 
passed,  “to  be  paved  with  sheet  Trinidad  Lake  asphalt, 
to  be  of  the  best  quality  of  refined  Trinidad  asphalt  TouseTrini- 
obtained  from  the  so-called  pitch  or  asphalt  lake  of  the0?  otlfr  as- 

*  ^  plialt  for  pav- 

Island  of  Trinidad,”  the  Mayor  and  City  Commissioner ing- 
are  hereby  authorized  and  directed  to  permit  the  use  of 
what  is  known  as  Bermuda  asphalt,  or  any  other  asphalt 
which  has  been  found  by  experience  equally  as  good 
for  paving  purposes,  and  in  advertising  for  proposals  for 


82 


ORDINANCES. 


Orel.  No.  135, 
App.  Oct.  1, 1894. 

To  substitute 
Mosaic  pave¬ 
ment  for  Bel¬ 
gian  block 
pavements. 


City  Code,  1893, 
Art.  48,  Sec.  28. 

Establishment 
of  grade  on 
application  of 
property  owner 


sncli  repaving  shall  include  the  said  Bermuda  asphalt, 
or  any  other  asphalt  which  has  been  found  by  ex¬ 
perience  equally  as  good  for  paving  purposes,  among 
the  kinds  of  asphalt  for  which  proposals  will  be 
accepted. 

117.  The  Mayor  and  City  Commissioner  are  hereby 
authorized  and  directed,  when  in  their  judgment  it  may 
be  for  the  public  interests,  to  substitute  the  stone  pave¬ 
ment  known  as  the  Mosaic  pavement  for  the  Belgian 
block  pavements  heretofore  authorized  by  any  city 
ordinance  to  be  laid  on  any  of  the  streets  of  this  city. 
All  ordinances  or  parts  of  ordinances  inconsistent  with 
the  provisions  of  this  ordinance  be  and  the  same  are 
hereby  repealed. 

118.  The  City  Commissioner  may,  on  application  in 
writing  of  the  owner  of  any  property  binding  thereon, 
proceed  to  establish  the  permanent  grade  line  or  lines 
of  any  street,  lane  or  alley,  or  part  thereof,  now  or  here¬ 
after  to  be  marked,  located,  widened  or  straightened,  or 
laid  out  upon  the  plan  of  the  city,  and  may  also,  from 
time  to  time,  upon  similar  application,  make  such 
changes  in  the  grades  of  any  unpaved  streets,  lanes  .or 
alleys,  or  parts  thereof,  as  he  may  deem  advisable.  He 
shall  keep  in  his  office  a  record  of  such  establishments 
or  changes,  and  shall  also  make  a  written  return  of  the 
same  to  the  Register  of  the  City,  who  shall  record  the 
same  and  preserve  the  original  in  the  files  of  his  office, 
and  shall  also  collect  the  cost  of  such  establishments  or 
changes  of  grade  from  the  person  or  persons  making 
the  application  for  the  same. 

Dashiell  vs.  M.  &  C.  C.,  45  Md.,  G15. 


ORDINANCES. 


83 


119.  The  City  Commissioner  is  authorized  to  estab¬ 
lish  the  permanent  grade  lines  of  any  street  or  alley,  or 
part  thereof,  which  is  located  on  Poppleton’s  Plat,  or 
which  is  now  or  may  hereafter  be  marked,  located 
or  laid  out  on  the  plan  of  said  city,  and  whether  said 
street  or  alley  has  been  condemned  and  opened  or  not, 
whenever  in  his  judgment  the  public  interests  require 
the  establishment  of  said  grade  lines;  the  cost  of  said 
establishment  to  be  paid  for  out  of  the  appropriations 
for  the  City  Commissioner’s  department;  and  before 
establishing  the  grade  lines  of  any  street  or  alley,  or 
part  thereof,  the  City  Commissioner  shall  give  five  days’ 
notice  in  three  daily  papers  published  in  the  city  of 
Baltimore  that  he  will  appear  on  the  premises  on  the 
day  named  in  said  notice  for  the  purpose  of  establish¬ 
ing  the  said  grade  lines;  and  said  City  Commissioner, 
upon  giving  like  notice,  is  hereby  authorized  to  change 
and  re-establish  the  grade  lines  of  any  unpaved 
street  or  alley,  or  part  thereof,  whenever  in  his 
judgment  the  public  interests  require  such  change; 
the  cost  of  said  change  to  be  paid  for  out  of  the 
appropriations  for  the  City  Commissioner’s  department. 
Whenever  the  City  Commissioner  shall,  under  the  pro¬ 
visions  of  this  section,  establish  or  change  the  grade 
line  of  any  street  or  alley  in  the  city  of  Baltimore, 
which  has  been  by  ordinance  directed  to  be  graded  and 
paved,  the  cost  of  said  establishment  shall  be  added  to 
the  cost  of  the  grading  and  paving  of  said  street  or 
alley,  to  be  paid  and  collected  as  the  said  cost  of  grading 
and  paving  is  paid  and  collected.  And  whenever  the 
Commissioner  of  Health  shall  be  of  opinion  that  the 
public  health  requires  the  paving  of  any  private  alley, 
he  shall  issue  a  certificate  to  that  effect  directed  to  the 


City  Code.  1893, 
Art.  48,  Sec.  29. 

Establishment 
of  grade  by 
City  Commis¬ 
sioner.  in  his 
judgment. 


84 


ORDINANCES. 


City  Commissioner,  and  thereupon  the  City  Commis¬ 
sioner  shall  proceed  as  herein  provided,  and  shall  grade 
and  pave  the  same  according  to  the  provisions  of  this 
article,  so  far  as  the  same  are  applicable,  and  the  cost 
of  establishing  said  grade  and  grading  and  paving  said 
alley  shall  be  assessed  on  and  collected  from  the  owners 
of  the  property  binding  thereon,  as  provided  in  this 
article,  and  shall  be  a  lien  on  said  property  until  paid. 


aty  code  im,  120.  The  City  Commissioner,  with  the  approbation 

Art.  48,  aS^c.  30. 

of  the  Mayor,  shall  have  full  authority  to  grade,  gravel, 
paving  shell,  pave  or  kerb  any  street,  lane  or  alley,  or  part 
prop’ty  owners  thereof,  in  the  city  of  Baltimore,  whenever  the  owners 
of  a  majority  of  the  feet  of  ground  binding  on  such 
street,  lane  or  alley,  or  part  thereof,  shall  apply  for  the 
same. 


Ibid.,  Sec.  31. 


Notice 
such  cases. 


121.  When  the  City  Commissioner  shall  receive  an 
in  application  in  writing  to  grade,  gravel,  shell,  pave  or 
kerb  any  street,  lane  or  alley,  or  part  thereof,  as  pro¬ 
vided  in  the  aforegoing  section,  it  shall  be  his  duty  to 
give  ten  days’  public  notice,  by  advertisement  in  three 
newspapers,  of  the  fact  of  such  application,  as  also  of 
the  time  and  place  when  he  intends  to  act,  for  the  pur¬ 
pose  of  determining  on  such  application. 


Ibid.,  Sec.  32. 

Notice  for 
proposals. 


122.  After  such  application  has  been  made,  and  the 
public  notice  has  been  given,  and  the  City  Commissioner 
has  determined  to  grade,  gravel,  shell,  pave  or  kerb  any 
street,  lane  or  alley  or  part  thereof,  he  shall  give  ten 
days’  notice  in  three  newspapers  that  proposals  will  be 
received  fordoing  the  same;  the  said  proposals  shall  be 


ORDINANCES. 


85 


opened  in  the  Mayor’s  office,  and  the  contract  shall  be 
awarded  to  the  lowest  responsible  bidder. 

Dashiell  vs.  Mayor,  &c.,  45  Md.  Glo. 

123.  A  tenant  for  ninety-nine  years,  or  for  ninety-nine  aty  code ,  1893, 

Art.  48,  Sec.  33. 

years  renewable  forever,  or  the  executor  or  administrator 
of  such  tenant,  or  the  guardian  of  an  infant  owner,  or  a  deemed  owners 
mortgagee  in  possession,  shall  be  deemed  and  taken  as 
an  owner  for  the  purposes  of  any  application  authorized 
by  this  ordinance,  and  the  application  of  any  such 
person  shall  bind  the  property  so  represented  for  any 
assessment  or  tax  made  under  it. 

124.  Before  the  City  Commissioner  shall  proceed  to  Sec_  34t 
execute  any  ordinance  which  may  be  hereafter  passed,  preliminary 
for  the  grading,  paving  or  kerbing  or  the  repaving,  re-  c&ins ei°or soiif- 
grading  or  rekerbing  of  any  street,  or  alley,  or  the  con-  Dance  Is  valid, 
struction  of  any  sewer,  he  shall  procure  and  file  in  his 

office  the  written  opinion  of  the  City  Counsellor,  or  the 
City  Solicitor,  certifying  that  all  proper  and  necessary 
proceedings  have  been  taken  to  authorize  the  Mayor  and 
City  Council  of  Baltimore  to  pass  said  ordinance,  and 
that  said  ordinance  is  legally  sufficient  for  the  purpose 
for  which  it  has  been  passed,  and  it  shall  be  the  duty 
of  such  one  of  the  said  law  officers  of  the  city  as  the 
City  Commissioner  shall  apply  to  for  the  purpose  to 
furnish  the  City  Commissioner  an  opinion,  in  writing, 
of  the  purport  above  mentioned. 

125.  After  the  contract  has  been  awarded,  as  provided  Code  lggg 
in  Section  122,  the  City  Commissioner  shall  impose  a  ArL^>sec.u. 
tax  upon  the  owner  or  owners  of  property  binding  upon 

such  street,  lane  or  alley,  or  part  thereof,  equal  in 


86 


ORDINANCES. 


amount  to  the  whole  expense  of  the  work,  and  for  col¬ 
lecting  the  same,  being  three  per  centum  on  the  whole 
cost,  except  for  cross  streets ;  and  he  shall  assess  and 
lay  the  tax  upon  the  owner  or  owners  of  property  on 
each  side  of  said  street,  lane  or  alley,  or  part  thereof,  of 
one-half  of  so  much  of  said  street,  lane  or  alley  as  may 
be  in  front  of  such  property,  except  for  paving  the  por¬ 
tion  reserved  for  sidewalks,  being  one-fifth  of  the  whole 
width  on  each  side  thereof;  and  the  said  tax  shall  be  a 
lien  upon  such  property. 

city  code,  im,  126.  After  the  contract  has  been  awarded  to  grade, 

Art.  48,  Sec.  36.  . 

l.  f  gravel,  shell,  pave  or  kerb  any  street,  lane  or  alley,  or 

tax8  liable  forPar^s  thereof,  the  City  Commissioner  shall  make  a  cor¬ 
rect  list  of  the  names  of  the  persons  liable  to  pay  the 
tax  for  the  same,  and  the  amount  to  be  paid  by  each 
person ;  and  he  shall  deliver  to  the  City  Collector  a  du¬ 
plicate  list  of  the  names  of  such  persons,  and  the 
amount  to  be  paid  by  each,  under  his  hand  and  seal, 
with  directions  for  collecting  the  said  tax,  which  shall  be 
due  in  sixty  days  after  the  completion  of  the  work  and 
its  acceptance  by  the  City  Commissioner;  and  it  shall 
be  the  duty  of  said  City  Commissioner,  upon  the  expir¬ 
ation  of  sixty  days  after  the  completion  of  such  work, 
and  its  acceptance  by  him,  to  issue  his  warrant  upon 
the  City  Register  for  the  entire  amount  due  under  such 
contract,  less  ten  per  centum  thereof,  as  provided  by 
Section  116  of  this  article,  in  favor  of  such  contractor, 
which,  when  approved  by  the  Mayor,  shall  be  paid  by 
the  Register  upon  the  certificate  of  the  City  Comp¬ 
troller. 


ORDINANCES. 


87 


127.  The  City  Collector  is  directed  to  notify  the  per-  Ibid.,  Sec.  37. 
sons  named  in  the  list  of  the  City  Commissioner,  refer-  Notice  to  such 
red  to  in  Section  126,  of  the  fact  that  such  work  has11*  L1^ 
been  completed  and  accepted,  and  of  the  date  when 

said  tax  or  assessment  therefor  will  become  due ;  and 
it  shall  be  the  duty  of  the  City  Collector,  upon  the  ex¬ 
piration  of  sixty  days  after  such  completion  and  accept¬ 
ance,  to  collect  at  once,  as  other  city  taxes  are  collected, 
all  assessments  due  for  such  work,  charging  interest  at 
six  per  cent,  from  the  time  the  same  becomes  due. 

128.  In  all  contracts  for  paving  streets  a  provision  City  Code  lm 
shall  be  incorporated  for  putting  down  flag  or  stepping  ArL  48,  Sec'  :38‘ 
stones  across  all  streets,  lanes  or  alleys  at  their  inter-  Flasstones- 
sections  with  each  other;  and  all  flagstones  to  be  here¬ 
after  used  shall  consist  of  two  rows  of  gneiss,  granite  or 

other  hard  stone,  two  feet  in  width,  and  not  less  than 
five  inches  in  thickness,  and  shall  be  so  laid  as  that 
there  shall  be  a  space  of  one  foot  between  said  two 
rows  of  flagstones,  which  shall  be  paved  with  Belgian 
blocks,  and  the  City  Commissioner  shall  conform  to  the 
requirements  of  this  section  in  all  cases  where  flagstones 
shall  hereafter  be  laid. 

129.  Streets,  lanes  or  alleys,  not  more  than  twenty 

feet  in  width,  hereafter  . to  be  paved,  may  be  paved Ibld->Sec’d9- 
without  kerbstones,  provided  the  owners  of  a  majority  8p™ed 
of  the  front  feet  binding  thereon  shall  assent  to  the  JoneT*  kerb" 
same,  and  the  City  Commissioner  shall  deem  it  ad¬ 
visable  so  to  pave  such  street,  lane  or  alley. 

130.  All  streets,  lanes  or  alleys  to  be  paved  shall  be  ibid.,  sec.  io. 
paved  with  rubble-stone,  or  such  other  stone  as  the  City  How  streets 
Commissioner  shall  consider  sufficiently  durable,  the 8ha11  be  paved' 


88 


ORDINANCES. 


stone  to  be  not  less  than  sixteen  square  inches  on  the 
surface  (except  that  part  between  the  kerb  and  gutter, 
which  may  be  of  such  smaller  size  as  directed  by  the 
City  Commissioner),  and  at  least  six  inches  in  depth, 
to  be  placed  upright  in  a  bed  of  sharp  sand  or  gravel, 
at  least  one  foot  in  depth;  and  the  interstices  shall  be 
filled  up  with  stone  of  a  size  and  quality  to  be  pre¬ 
scribed  by  the  City  Commissioner;  all  paving  to  be 
rammed  twice  with  rammers  weighing  fully  eighty 
pounds;  gutter-stones  to  be  of  good  hard  stone,  not  less 
than  ten  inches  in  breadth,  one  foot  long  and  six  inches 
in  depth;  the  kerbstone  to  be  not  less  than  four  and 
a-lialf  inches  in  thickness,  eighteen  inches  in  depth  and 
four  feet  in  length,  and  the  edge,  which  is  to  be  fitted 
to  the  sidewalk,  shall  be  straight  and  leveled  to  the 
pitch  of  the  footways,  and  the  two  ends  shall  be  made 
straight  the  whole  depth,  and  the  upper  edge  shall  be 
of  equal  thickness  throughout;  provided,  that  in  paving 
streets,  lanes  or  alleys,  not  over  twenty  feet  in  width, 
the  City  Commissioner  may,  in  his  discretion,  put  the 
gutter  in  the  centre  thereof,  in  which  case  the  kerb¬ 
stones  to  be  used  may  be  not  less  than  fifteen  inches  in 
depth;  and  all  kerbstones  shall  be  set  in  a  bed  of  sharp 
sand  or  gravel,  as  hereinbefore  provided  for  the  paving; 
and  the  contractor  for  paving  any  street,  lane  or  alley 
shall  give  satisfactory  security,  to  be  approved  by  the 
Mayor,  to  keep  the  said  pavement  in  repair  for  two 
years  after  its  completion. 

auj  code,  1893,  131.  The  City  Commissioner,  or  his  assistants,  shall 

Art.  48,  >seC.  4i.  exarnine  all  kerb,  flag  and  gutter-stones  intended  to  be 

inspection  of  used  previously  to  their  being  laid;  and  all  such  stone 

fore  it  is  used.  not  conforming  to  the  provisions  of  this  ordinance  shall 


ORDINANCES. 


89 


be  condemned  and  rejected;  and  lie  sliall  also  examine 
all  paving  before  any  sand  lias  been  thrown  on  it,  and 
if  the  same  be  not  laid  in  a  good  and  substantial  man¬ 
ner,  and  in  accordance  with  the  aforegoing  provisions, 
he  shall  cause  the  same  to  be  taken  up  and  repaved  at 
the  cost  of  the  contractor  therefor;  and  if  any  contractor 
shall  set  any  kerb,  flag  or  gutter-stones  or  cover  any 
paving  with  sand  previously  to  inspection  by  the  Com¬ 
missioner  or  his  assistant,  he  shall  forfeit  and  pay  a  fine 
of  twenty  dollars  for  each  and  every  offense. 

132.  The  Mayor  shall  have  full  power,  whenever  he  ibid.,  sec.  42. 
may  deem  it  advisable,  to  sign,  on  behalf  of  the  city  Mayor  may 
corporation,  any  petition  for  the  paving,  grading  or ^,frUf01  Clty' 
kerbing  of  streets,  lanes  or  alleys,  on  which  may  front 

any  property  belonging  to  the  city. 

133.  Whenever  any  street,  lane  or  alley  has  been  Ibidt <SeCt  43< 
graded,  graveled,  shelled,  kerbed  or  paved,  in  pursuance  Expenses  of 
of  this  ordinance,  the  City  Register  shall  pay  the  ex- cross  streets- 
pense  of  the  cross  streets  on  the  order  of  the  City  Com¬ 
missioner. 

134.  The  City  Commissioner,  with  the  approbation  aty  Code  1893 
of  the  Mayor,  shall  have  full  authority  to  regrade,  re-  ArL  48’  ,Sec'  44‘ 
gravel,  reshell,  repave  or  rekerb  any  street,  lane  or re.ptfingdiand 
alley,  or  part  thereof,  whenever  the  owners  of  are'kerbins‘ 
majority  of  the  feet  of  ground  binding  on  such  street, 

lane  or  alley,  or  part  thereof,  shall  apply  for  the  same, 
and  the  same  modes  of  procedure,  notices,  etc.,  shall  be 
adopted  as  are  hereinbefore  prescribed  for  grading; 
gravelling,  shelling,  paving  or  kerbing  streets,  lanes  or 
alleys,  except  that  one-tliird  of  the  whole  cost  shall  be 


90 


ORDINANCES. 


Ibid.,  Sec.  45. 

Private  con¬ 
tract  of  prop¬ 
erty  owners  for 
grading  and 
paving. 


City  Code,  1893, 
Art.  48,  Sec.  46. 

Bond  of  con¬ 
tractors. 


defrayed  by  tlie  city,  and  two-thirds  of  the  whole  cost 
shall  be  paid  by  the  owners  of  the  property  binding 
thereon;  and  the  proportion  to  be  paid  by  the  property- 
holders  shall  be  a  lien  on  their  respective  properties; 
the  whole  expense  of  the  work  on  the  cross  streets  to 
be  defrayed  by  the  city  on  the  order  of  the  City  Com¬ 
missioner. 

135.  The  City  Commissioner  is  hereby  authorized  to 
permit  any  street,  lane  or  alley,  or  part  thereof,  to  be 
graded,  graveled,  shelled,  paved  or  kerbed,  under  the 
private  contract  of  the  owners,  whenever  all  the  owners 
of  property  binding  thereon  shall  unite  in  an  applica¬ 
tion  in  writing  to  him  for  such  permission;  provided 
that  the  contractor  or  owners  shall  give  bond,  approved 
by  the  Mayor,  that  the  work  shall  be  done  in  strict 
accordance  with  the  terms  of  this  ordinance  and  that 
he  or  they  will  keep  it  in  repair  for  two  years  after  its 
completion.  Any  person  or  persons  who  shall  proceed 
to  grade,  gravel,  shell,  pave  or  kerb  any  street,  lane  or 
alley,  or  part  thereof,  without  first  complying  with  the 
terms  of  this  section,  shall  be  liable  to  a  fine  of  one 
hundred  dollars  for  each  and  every  day  that  he  or  they 
may  be  engaged  in  such  work;  the  said  fine  to  be  col¬ 
lected  as  other  fines  are  collected. 

136.  All  parties  to  whom  contracts  may  be  awarded 
for  grading,  kerbing  or  paving  streets,  lanes  or  alleys  in 
the  city  of  Baltimore  shall  be  required  to  file,  within 
ten  days  from  the  date  of  such  award,  a  satisfactory 
bond  conditioned  for  the  commencement  of  the  work 
within  fifteen  days  thereafter,  and  for  its  continuous 
and  faithful  prosecution  except  when  unavoidably  in¬ 
terrupted  by  weather. 


ORDINANCES. 


91 


137.  Any  contractor  who  shall  fail  to  comply  with  Ibid-> Sec- 47- 

the  terms  of  the  preceding  section  of  this  ordinance  contract  for¬ 
feited  if  bond 

within  the  time  specified  shall  forfeit  all  claim  to  the  be  not  eiven- 
contract  awarded  him,  and  the  proper  officers  of  the 
city  may  at  once  either  award  a  contract  for  the  same  New  award, 
work  to  the  next  lowest  bidder  therefor  or  may  re¬ 
advertise  for  proposals  and  proceed  as  if  no  award  had 
been  made,  as  in  their  judgment  may  be  best  for  the 
interests  of  the  city. 

138.  It  shall  be  the  duty  of  the  City  Comptroller  and 

^  Ibid.,  Sec.  48. 

Register  of  the  City  in  settling  bills  against  the  Mayor 

and  City  Council  of  Baltimore,  on  all  contracts  made  of  contract 

price  to  be 

and  entered  into  for  the  grading,  paving  and  kerbing  of  ^hhem  for 
streets,  lanes  and  alleys,  to  withhold  from  the  contrac¬ 
tors  for  said  work  ten  per  centum  of  the  amount  of 
their  bills;  said  amount  to  be  retained  for  the  space  of 
two  years  from  the  date  of  settlement,  with  interest  at 
the  rate  of  six  per  centum  per  annum,  in  order  to  pro¬ 
tect  the  corporation  against  loss  by  reason  of  the  negli¬ 
gent  performance  of  any  contract,  and  as  a  guaranty 
that  the  contractors  will  keep  the  work  performed  by 
them  in  proper  condition  and  repair  during  the  space 
of  two  years;  provided,  that  no  interest  shall  be 
allowed  if  the  contractors  fail  to  keep  the  work  per¬ 
formed  by  them  in  proper  condition  for  two  years;  and 
provided,  that  no  interest  shall  be  allowed  on  any 
amounts  withheld  prior  to  the  passage  of  this  ordi¬ 
nance. 


139.  The  City  Commissioner,  with  the?  approbation  City  code,  \m, 
of  the  Mayor,,  shall  consummate  all  contracts  with  such  " 

person  or  persons  as  shall  have  public  work  awarded ^or ( to^con- 
them,  pursuant  to  Article  1,  sub-title  “City  Contracts,”  tracts.* 


92 


ORDINANCES. 


whenever  such  awards  have  been  made  under  advertise¬ 
ment  issued  by  him  for  proposals  for  such  public  work. 


ibid.,  sec.  50.  140.  The  City  Commissioner  shall  have  full  power  to 

.to  regulate  grade  and  regulate  the  footways  in  all  paved  streets, 
glitter^8  and  lanes  and  alleys  in  the  city  of  Baltimore,  and  all  streets, 
lanes  and  alleys  hereafter  to  be  paved,  repaved  or  re¬ 
paired,  to  the  grade  of  five-eights  of  an  inch  ascent  for 
every  foot  in  width  of  such  footways,  from  the  top  of 
the  kerbstone  to  the  line  of  the  street,  lane  or  alley  in 
which  such  footway  may  be  paved,  repaved  or  repaired, 
and  to  regulate  all  gutters  across  such  footways,  which, 
unless  covered  with  wood,  stone  or  brick,  on  a  level 
with  the  surface  of  the  footways,  shall  not  be  deeper 
than  three  inches. 


Ibid.,  Sec.  51.  141.  The  City  Commissioner  is  hereby  authorized 

Notice  by  ad-  and  directed,  in  all  cases  where  the  owner  or  owners  of 
owners  of  ground  fronting  on  any  of  the  paved  streets,  lanes  or 

ground. 

alleys  of  the  city  cannot  be  found  at  the  time  said 
footways  are  out  of  order,  to  cause  to  be  published  in 
three  or  more  of  the  daily  papers  having  the  largest  cir¬ 
culation  published  in  the  city  of  Baltimore,  at  least  five 
times,  the  locality  and  number  of  feet  of  such  lot  or  lots 
of  ground  and  notice  of  his  intention  to  have  the  foot¬ 
ways  of  such  lot  or  lots  paved,  repaved  or  repaired,  as 
the  case  may  be;  and  in  case  said  lot  or  lots  shall  not 
be  paved,  repaved  or  repaired  within  the  time  specified 
in  said  notice,  said  Commissioner  shall  have  the  foot- 
ways  of  such  lot  or  lots  paved,  repaved  or  repaired,  and 
shall  hand  over  to  the  Collector  his  warrant,  to  be  by 
him  collected  as  herein  provided. 


ORDINANCES. 


93 


142.  Tlie  said  City  Commissioner  shall  cause  notice  Cl^( 

of  said  order  to  be  given  to  the  proprietor  or  proprietors  Mo(1  f 
of  the  lot  or  lots  in  front  of  which  a  footway  is  required  ing  notIce- 
to  be  filled  up,  dug  down,  paved  or  repaved,  in  manner 
following;  that  is  to  say,  the  said  order,  or  a  copy 
thereof,  may  be  left  at  any  house  on  such  lot,  or  served 
personally  on  the  proprietor  or  proprietors,  or  his,  her 
or  their  tenant,  agent  or  guardian,  or  left  at  his,  her  or 
their  residence,  or  a  copy  of  such  order  may  be  pub¬ 
lished  in  one  or  more  of  the  newspapers  of  the  city,  not 
less  than  five  times,  notice  in  any  of  which  inodes  shall 
be  deemed  sufficient. 

143.  If  the  proprietor  or  proprietors  of  any  lot  or  lots  ma.,  sec.  53. 
fronting  on  any  paved  street,  lane  or  alley  shall  neglect  Failure  of 
or  refuse  to  fill  up,  dig  down,  pave  or  repair  the  foot-  notice? toobey 
ways  in  front  of  such  lot  or  lots  for  the  space  of  ten 

days  after  service  of  a  printed  or  written  order,  or  copy 
thereof,  in  manner  as  aforesaid,  to  be  reckoned  in  case 
of  publication  in  a  newspaper  from  the  first  publica-  . 
tion,  then  the  said  City  Commissioner  is  authorized  and 
directed  to  have  the  said  footways  filled  up,  dug  down, 
paved  or  repaved  with  brick,  in  a  sufficient  and  sub¬ 
stantial  manner,  or  repaired  in  such  manner  as  he,  the 
said  City  Commissioner,  shall  think  proper,  and  a  tax 
shal^  be  imposed  upon  each  respective  lot  in  front  of 
which  the  footways  shall  have  been  so  filled  up,  dug 
down,  paved  or  repaired,  equal  to  the  expenses  of  such 
filling  up,  digging  down,  paving  or  repairing,  with  an 
addition  thereto  of  three  per  cent,  for  the  expense  of 
collecting. 


94 


ORDINANCES. 


ibid.,  sec.  si.  244.  The  City  Commissioner  shall  issue  his  warrant 
Tax  for  work  to  the  Collector,  approved  by  the  Mayor,  for  the  col¬ 
how  to  he  coi- iectjon  0f  said  tax,  containing  the  names  of  the  person 
or  persons  who  are  to  pay  such  tax,  and  the  amount  to 
be  paid  by  each,  nevertheless  correcting  any  mistake  in 
the  said  list  as  often  as  he  may  be  satisfied  of  the  same, 
and  the  said  tax  shall  be  due  immediately  on  making 
out  said  warrant,  which  the  said  City  Commissioner 
may  do  as  soon  as  he  can  ascertain  the  expense  in¬ 
curred,  or  to  be  incurred,  and  such  tax  shall  be  a  lien 
upon  all  such  lots. 


city  code,  im,  145.  The  said  Collector  shall  immediately  collect  the 

Art.  48,  Sec.  55.  " 

same  by  distress  or  otherwise,  giving  sixty  days’  notice 

Tax,  how  to 

he  collected,  previously  to  distress,  and  pay  over  the  same  to  the 


Register. 


ibid.,  sec.  56.  146.  The  City  Commissioner  is  authorized,  with  the 

Anticipation  approbation  of  the  Mayor,  to  draw  on  the  Register  of 

of  collection  of 

such  tax.  the  City  in  anticipation  of  such  tax  for  such  sum  or 
sums  of  money  as  may  be  necessary  to  fill  up,  dig 
down,  pave  or  repair  any  such  footways. 


ibid.,  sec.  57.  147.  If  any  person  or  persons  shall  neglect  or  ref  use 

Penalty  for  to  fill  up,  dig  down,  pave  or  repave  any  footway  in 
or  repave  \oot-  front  of  his,  her  or  their  lot  or  lots,  when  required  so 

Wayg> 

to  do  by  the  City  Commissioner,  in  the  manner  herein¬ 
before  provided,  such  person  or  persons  shall  forfeit 
and  pay  twenty-five  cents  per  front  foot  every  day  such 
person  or  persons  shall  refuse  or  neglect  to  fill  up,  dig 
down,  pave  or  repave  as  aforesaid,  as  a  fine  for  such 
neglect  or  refusal;  and  it  shall  be  the  duty  of  the  City 


ORDINANCES. 


95 


Commissioner,  when  he  issues  his  warrant  for  the  said 
tax,  to  take  the  necessary  steps  for  enforcing  the  said 
fine. 


148.  It  shall  be  the  duty  of  the  City  Commissioner,  ibid.,  sec.  58. 
in  conjunction  with  the  Marshal  of  Police,  biennially  Biennial  in¬ 
to  inspect  all  the  footways,  flag  and  stepping  stones  footways,  nag 
within  the  corporate  limits  of  the  city,  and  cause  tliefelones- 
same  (where  required)  to  be  immediately  repaved  or 
repaired,  in  conformity  to  the  provisions  of  Sections  50, 

51,  53,  57,  and  61  of  this  article. 


149.  It  shall  not  be  lawful  for  any  person  or  persons 
to  pave  any  of  the  footways  binding  on  any  of  the 

Flagstones  to 

streets,  lanes  or  alleys  of  the  city  of  Baltimore  with  be  put  down, 
stone,  unless  the  same  shall  be  put  down  with  good 
and  sufficient  flagstones,  parallel  with  the  kerbstone 
on  said  street,  lane  or  alley,  under  a  penalty  of  one 
dollar  for  every  front  foot. 


150.  The  Mayor  is  hereby  authorized  to  extend  the  ibid.,  sec.  6o. 
time  of  bonds  for  the  paving  or  repaving  the  streets,  Extension  by 
lanes  or  alleys,  upon  his  being  assured  by  the  City  for  paving  and 
Commissioner  that  the  work  cannot  be  completed  con-1'1 ’iLWU- 
sistently  with  the  public  interests  within  the  time  lim¬ 
ited  in  the  bonds. 


151.  The  City  Commissioner  is  authorized  to  direct /bld >Sec  G1 
and  require,  by  written  or  printed  order,  the  proprietor  ];ri  k 
or  proprietors  of  any  lot  or  lots  fronting  on  any  of  the  ments- 
paved  streets,  lanes  or  alleys  of  the  city,  to  fill  up  or 
dig  down  to  the  proper  grade,  or  to  pave  or  repair  the 
footways  in  front  of  such  lot  or  lots,  with  a  good  and 


96 


ORDINANCES. 


sufficient  brick  pavement,  on  a  bed  of  good  sharp  sand, 
not  less  than  six  inches  deep,  within  ten  days  after 
notice  of  such  order;  the  said  footways  in  front  of  un¬ 
improved  lots  to  be  paved  with  good  and  substantial 
brick  four  feet  from  the  kerbstone,  and  all  the  through- 
fares  or  business  streets  of  the  city  shall  be  paved  to 
the  building  line,  if  thought  requisite  by  the  City  Com¬ 
missioner;  and  in  case  of  refusal  or  neglect  by  the  pro¬ 
prietor  or  proprietors  of  any  lot  or  lots  of  ground  to 
comply  with  the  requirements  of  the  said  Commissioner, 
the  owner  or  owners  of  said  lot  or  lots  of  ground  shall 
penalty.  pe  subject  to  a  fine  of  ten  dollars  for  each  and  every  day 
such  notice  or  order  shall  remain  uncomplied  with,  to 
be  recovered  as  other  fines  and  forfeitures  are  recov¬ 
erable. 


City  Code ,  1893, 
Art.  48,  Sec.  61a. 

Preliminaries 
to  passage  of 
any  ordinance 
for  grading  or 
regrading, 
shelling  or  re¬ 
shelling,  grav¬ 
eling  or  regrav¬ 
eling,  paving 
or  repaving, 
kerbing  or  re- 
kerbing,  any 
streets,  lanes 
or  alleys. 


152.  Before  any  ordinance  for  the  grading,  shelling, 
graveling,  paving  and  kerbing,  or  for  regrading,  re¬ 
shelling,  regraveling,  repaving  and  rekerbing  of  any 
street,  lane  or  alley  or  part  thereof,  by  the  terms  of 
which  the  whole  or  any  portion  of  the  cost  of  the  work 
is  to  be  assessed  upon  the  property  binding  on  such 
street,  lane  or  alley  or  part  thereof,  shall  be  passed  by 
either  branch  of  the  City  Council,  it  shall  be  referred 
to  the  Joint  Standing  Committee  on  Highways.  Before 
recommending  the  passage  of  any  such  ordinance  the 
said  Joint  Standing  Committee  on  Highways  shall  re¬ 
quire  the  chief  clerk  of  the  Branch  of  the  City  Council 
in  which  the  said  ordinance yvas  introduced,  to  give  ten 
full  days’  notice,  excluding  both  the  day  of  publication 
and  the  day  of  the  session  of  the  committee,  in  at  least 
two  of  the  daily  papers  of  the  city  of  Baltimore,  of  the 
introduction  of  said  ordinance,  and  that  any  and  all 


ORDINANCES. 


97 


persons  interested  therein  will  be  heard  upon  any  mat¬ 
ter  relating  thereto  by  the  said  Joint  Standing  Com¬ 
mittee  on  Highways  at  the  time  and  place  to  be  desig¬ 
nated  in  such  notice. 

153.  As  soon  after  the  passage  of  any  such  ordinance  ibid.,  sec.  6i&. 
as  practicable,  it  shall  be  the  duty  of  the  City  Com-  Advertisement 
missioner  to  give  ten  dnys’  notice  in  two  of  the  daily  1  '  1,loposal8, 
newspapers,  that  proposals  will  be  received  for  doing 
the  entire  work,  or  if  the  labor  is  to  be  done  by  the 
day,  then  for  the  materials;  such  proposals  to  be  opened 
in  the  Mayor’s  office  and  the  contract  to  be  awarded 
by  the  Mayor,  Comptroller  and  City  Commissioner  to 
the  lowest  responsible  bidder,  who,  if  the  proposal  was 
to  do  the  entire  work,  shall  enter  into  a  bond  satisfac¬ 
tory  to  them,  conditioned  for  the  commencement  of  the 
performance  of  the  contract  within  fifteen  days  after  a  Contract, 
notification  from  the  City  Commissioner  to  proceed 
therewith,  and  for  its  continuous  and  faithful 
prosecution  to  completion,  except  when  unavoid¬ 
ably  interrupted  by  weather ;  if  the  proposal 
was  to  furnish  the  materials,  the  labor  being  done  by 
the  day,  the  bond  shall  be  conditioned  for  the  delivery 
of  the  said  materials  in  accordance  in  all  respects  with 
his  bid,  at  such  times  and  in  such  quantities  as  the 
City  Commissioner  may  require  ;  and  said  bond  and 
contract  shall  in  either  event  also  contain  such  other tractor- 
provisions  as  are  now  or  may  hereafter  be  required  by 
the  ordinances  of  the  Mayor  and  City  Council ;  and 
said  officers  shall  have  the  power  to  reject  any  and  all 
bids,  if  it  be,  in  their  judgment,  to  the  best  interest  of 
the  city  to  do  so ;  in  case  the  labor  is  to  be  done  by  the 
day,  then  the  City  Commissioner  shall  make  a  careful 


98 


ORDINANCES. 


City  Code,  1893, 
Art.  48.,  Sec.  61c. 

Apportionment 
of  cost. 


Ibid.,  Sec.  61d 


Advertisement 
of  such  appor¬ 
tionment. 


estimate  of  the  cost  of  such  work,  including  the  con¬ 
tract  price  of  the  materials. 

154.  After  the  contract  for  the  whole  work  has  been 
awarded,  or  the  cost  of  the  whole  work  ascertained,  as 
above  provided,  the  City  Commissioner  shall  apportion 
the  whole  or  such  portion  of  the  cost  of  the  work  as  the 
ordinance  shall  require  to  be  paid  by  the  property 
owners  (not  including,  however,  any  portion  of  the  cost 

of  the  cross  streets),  together  with  three  per  centum 

* 

thereon  for  costs  and  expenses,  upon  the  property  bind¬ 
ing  on  each  side  of  said  street,  lane  or  alley,  or  part 
thereof,  in  proportion  to  the  frontage  of  such  property 
thereon. 

155.  After  the  City  Commissioner  shall  have  com¬ 
pleted  his  apportionment  of  the  expenses  to  be  assessed 
upon  the  property  binding  on  said  street,  lane  or  alley, 
or  part  thereof,  he  shall  give  notice  by  advertisement, 
inserted  twice  a  week  for  two  successive  weeks  in  two 
of  the  daily  newspapers  published  in  the  city  of  Balti¬ 
more,  that  such  apportionment  has  been  made  and  that 
the  statement  thereof  is  on  file  in  his  office  for  the  in¬ 
spection  of  all  persons  interested  therein;  and  that  he 
will  attend  at  his  said  office  on  a  day  in  such  notice  to 
be  named,  which  shall  not  be  less  than  ten  nor  more 
than  twenty  days  after  the  first  publication  of  such 
notice,  to  review  any  of  the  matters  set  forth  in  said 
statement  to  which  any  person  claiming  to  be  interested 
therein  shall,  on  or  before  the  day  so  appointed,  make 
objections;  and  the  said  City  Commissioner  shall  attend 
at  the  time  and  place  so  appointed,  and  consider  all  such- 
representations  and  testimony,  verbal  or  in  writing,  in 


ORDINANCES. 


99 


relation  to  any  matter  in  said  statement  which  shall  be 
offered  to  him,  on  behalf  of  any  person  claiming  to  be  correction  of 

apportionment. 

interested  therein,  and  shall  make  all  such  correction 
and  alteration  in  said  apportionment  and  statement  as 
shall  be  necessary  to  make  the  same  correct;  and  he 
may  adjourn,  from  time  to  time,  if  necessary,  to  give 
all  parties  claiming  review  an  opportunity  to  be  heard; 
and  after  closing  such  review,  he  shall  make  all  such 
corrections  as  shall  be  proper,  and  shall  make  a  correct 
list  of  the  property  and  of  the  owners  or  reputed  owners  Listof  assess. 
thereof,  liable  to  pay  the  tax  or  assessment,  and  the  nveUred°toecuty 
amount  to  be  paid  by  each  piece  of  property,  and  shall 
deliver  to  the  City  Register  a  duplicate  list  thereof, 
under  his  hand,  together  with  such  explanatory  plat  or 
plats,  if  any,  as  may  be  necessary  to  designate  the 
property  upon  which  said  tax  or  assessment  is  levied, 
which  taxes  shall  be  liens  on  the  several  pieces  of 
property  upon  which  the  same  shall  respectively  be  so 
assessed;  and  the  City  Commissioner  shall  correct  any 
mistake  in  such  list,  whenever  he  may  be  satisfied  that 
any  mistake  has  been  made. 


Register. 


•by 


156.  It  shall  be  the  duty  of  the  City  Register,  within 
five  days  after  the  said  proceedings  shall  have  been 
deposited  in  his  office,  to  notify  all  persons  interested,  Register, 
by  an  advertisement  to  be  inserted  once  a  week  for  four 
successive  weeks  in  two  daily  newspapers  of  the  city, 
that  the  said  assessment  and  explanatory  plat  or  plats 
have  been  so  placed  in  his  office,  and  that  the  parties 
affected  thereby  are  entitled  to  appeal  therefrom  by 
petition  in  writing  to  the  Baltimore  City  Court. 


100 


ORDINANCES. 


Ibid.,  Sec.  61/. 

Service  of  no¬ 
tices  on  parties 
assessed  or 
taxed. 


City  Code,  1893, 
Art.  48,  Sec.'&lg. 

Appeal  to 
Baltimore  City 
Court. 


Ibid.,  Sec.  61  h. 

Proceedings 
where  such  or¬ 
dinances  are 
set  aside  or 
repealed. 


157.  It  shall  he  the  duty  of  the  City  Commis¬ 
sioner  to  serve  written  or  printed  notices  on  each  and 
every  party  or  parties  assessed  or  taxed  for  the  said 
grading,  shelling,  graveling,  paving  and  kerbing,  or  for 
regrading,  reshelling,  regraveling,  repaving  or  rekerb- 
ing  of  any  street,  lane  or  alley;  provided,  however, 
that  the  service  of  such  notice  shall  not  be  so  construed 
as  to  be  one  of  the  prerequisites  to  the  collection  of 
any  assessment  under  any  ordinance  heretofore  passed 
or  hereafter  to  be  passed  by  the  Mayor  and  City  Council 
of  Baltimore. 

158.  Any  person  or  persons  who  may  be  dissatisfied 
with  any  assessment  in  which  he  or  they  are  in  any 
manner  interested,  may,  within  thirty  days  after  the 
return  of  the  above-mentioned  duplicate  lists  of  the 
property  and  owner  or  reputed  owner  thereof,  liable  to 
said  tax  or  assessment  by  the  City  Commissioner  to  the 
City  Register,  appeal  therefrom  by  petition  to  the 
Baltimore  City  Court,  praying  said  court  to  review  the 
same;  and  thereupon  the  proceedings  shall  be  similar 
to  those  in  the  case  of  the  trial  of  street  appeals;  and 
the  said  right  shall  be  had  to  appeal  to  the  Court  of 
Appeals. 

159.  Whenever  any  ordinance  passed  by  the  Mayor 
and  City  Council  of  Baltimore,  providing  for  the  grad¬ 
ing,  shelling,  graveling,  paving,  kerbing,  regrading, 
reshelling,  regraveling,  repaving  or  rekerbing  of  any 
street,  lane  or  alley  in  said  city,  shall,  before  any  of 
the  work  has  been  done  under  the  same,  be  set  aside 
and  declared  null  and  void  by  any  court  of  competent 
jurisdiction,  to  wit:  the  Baltimore  City  Court  or  the 


ORDINANCES.  101 

Court  of  Appeals,  in  the  event  of  an  appeal  to  that 
tribunal,  or  the  same  shall  be  repealed  by  the  Mayor 
and  City  Council  of  Baltimore,  it  shall  be  the  duty  of 
the  Comptroller  immediately  thereafter  to  draw  his 
warrant  on  the  Register  in  favor  of  any  and  all  such 
persons,  or  their  legal  representatives,  who  may  have 
paid  into  the  city  treasury  any  sum  or  sums  of  money 
on  account  thereof,  which  shall  be  forthwith  paid  out 
of  any  sums  in  the  treasury  not  otherwise  appropriated. 

The  Comptroller  shall  likewise  draw  his  warrant  on 
the  Register  for  the  payment  of  all  expenses  which 
may  have  been  incurred  by  virtue  of  any  such  ordinance 
in  carrying  out  the  provisions  thereof,  for  which  the 
city  may  be  liable  under  existing  circumstances. 

160.  If  no  appeal  shall  have  been  prayed,  then,  within  cuy  code,  1893, 

J  ■  ’  Art.  48,  Sec.  61t. 

ten  days  after  the  time  hereinbefore  limited  therefor  or 

Proceedings 

after  the  return  of  the  decision  upon  any  such  appeal  where  an  ap- 

1  J  L  L  peal  is  taken 

or  appeals  shall  have  been  made  to  the  Register,  the  ^alf a»e: 
said  Register  shall  transfer  the  said  lists  received  from Gided- 
the  City  Commissioner  to  the  Collector,  who  shall 
thereupon  proceed  in  all  respects  as  he  does  in  cases 
where  persons  or  property  are  assessed  for  benefits  for 
opening,  closing,  widening  or  straightening  any  street, 
lane  or  alley. 

161.  If  the  total  amount  of  assessments  after  the  Ibid_t  Sec_  61j-. 
revision  of  the  same  by  the  appeals  in  the  preceding  City  Regi9ter 
section  authorized  and  provided  for,  shall  not  be  suffi-  expeLeeaCeover 
cient  to  defray  the  expense  of  grading,  shelling,  gravel- assessments- 
ing,  paving,  kerbing,  regrading,  reshelling;  regraveling, 
repaving  or  rekerbing,  the  balance  of  said  expense  shall 

be  paid  by  the  City  Register  on  the  warrant  of  the 
Comptroller,  and  provided  for  in  the  general  levy. 


102 


ORDINANCES. 


ibid.,  sec.  6ifc.  162.  As  soon  as  the  whole  of  said  assessments  shall 
Notice  to  con- have  been  collected,  or  earlier,  if  directed  by  the  Mayor. 

tractor  to  pro¬ 
work  with  ws  the  City  Commissioner  shall  notify  the  contractor  to 

proceed  with  the  work,  or  if  the  same  is  to  be  done  by 

day  labor,  he  shall  cause  the  work  to  be  executed;  and 

if,  upon  the  final  completion  thereof,  and  the  exact 

ascertainment  of  the  cost,  it  shall  be  found  that  the 

assessments  were  greater  than  necessary,  the  surplus 

shall  be  refunded  pro  rata  to  the  parties  who  paid  the 

same,  by  the  warrant  of  the  Comptroller  upon  the 

certificate  of  the  City  Commissioner. 

aty  code,  1893,  163.  Whenever  application  shall  be  made  to  the  City 

Art.  48,  Sec.  62.  ~  , 

Commissioner  to  have  paved  or  repaved  any  street, 
ers  may  ^select  lane  or  alley  of  the  city  of  Baltimore,  or  whenever  said 
paMng.  paving  or  repaving  shall  be  done  by  virtue  of  an  ordi¬ 
nance  of  the  Mayor  and  City  Council  of  Baltimore,  it 
shall  be  optional  with  the  owners  of  a  majority  of  the 
front  feet  of  ground  binding  upon  said  street,  lane  or 
alley,  whether  the  said  paving  or  repaving  shall  be 
with  stone,  or  what  is  known  as  the  Nicholson,  or  any 
other  improved  pavement;  and  provided  further,  that 
when  any  paving  or  repaving  is  to  be  done  in  front  of 
any  property  owned  by  the  corporation  of  the  city  of 
Baltimore,  the  Mayor,  Comptroller  and  City  Commis¬ 
sioner  shall  decide  whether  it  shall  be  paved  with  stone 
or  any  improved  pavement. 

ord  No  71  Sec i  164.  There  shall  be  appointed  as  other  city  officers 
App.May  i7, ’95.  ai»e  appointed  one  City  Commissioner,  who  shall  attend 

daily  at  his  office,  and  there  shall  also  be  appointed 
three  Assistant  City  Commissioners,  who  shall  be  under 
the  direction  of  said  City  Commissioner,  and  the  entire 


ORDINANCES. 


103 


time  of  both  Commissioner  and  assistants  shall  be 
devoted  personally  to  the  interests  of  the  corporation; 
and  should  it  be  ascertained  that  any  of  the  aforesaid 
officers  is  engaged  in  or  connected  with  any  business  or 
pursuit  other  than  that  appertaining  to  his  official 
duties,  it  shall  be  deemed  good  and  sufficient  cause  for 
his  removal  by  the  Mayor;  the  term  of  the  City  Com¬ 
missioner  and  his  assistants  first  appointed  under  this 
ordinance  shall  commence  on  the  first  day  of  June,  1895, 
and  expire  on  the  first  of  March,  1896,  unless  removed 
by  the  Mayor,  and  thereafter  the  City  Commissioner 
and  the  three  assistants  shall  be  appointed  biennially 
in  the  month  of  February  by  the  Mayor  as  other  city 
officers  are  appointed. 

165.  Said  Commissioner  and  Assistant  Commissioners  Ibid.,  Sec.  2. 
before  entering  upon  the  duties  of  their  several  offices 

shall  severally  give  bond  with  security  for  the  faithful 
performance  of  their  duties,  the  Commissioner  in  the 
penal  sum  of  ten  thousand  dollars  and  the  assistants  in 
the  sum  of  five  thousand  dollars  each,  and  there  shall  be 
appropriated  annually  the  sum  of  four  thousand  dollars 
for  the  salary  of  the  City  Commissioner,  payable 
monthly,  and  for  the  salary  of  each  of  the  Assistant 
Commissioners  two  thousand  dollars,  payable  monthly. 

166.  It  shall  be  the  duty  of  the  Assistant  City  Com-  cuy  code,  1893, 
missioner  to  attend  to  all  duties  that  may  be  required 

of  him  by  the  City  Commissioner,  and  before  any  missioner  and 

Assisted  lit 

repairs  of  paved  streets  are  proceeded  with,  the  City* 
Commissioner  shall  have  correctly  measured  the  work 
to  be  done,  and  the  clerk  to  the  City  Commissioner 
shall  keep  a  record  of  such  measurement;  and  the  pay¬ 
ments  shall  be  made  in  accordance  therewith. 


104 


ORDINANCES. 


ibid.,  sec.  67.  167.  it  shall  be  the  duty  of  said  assistants  to  inspect 

Their  duties,  daily,  under  the  direction  of  the  City  Commissioner,  all 
grading,  paving,  kerbing  of  streets,  lanes  or  alleys,  or 
repairs  of  the  same  that  may  be  in  progress,  and  to 
measure  all  repairs  that  may  be  made  to  the  same,  and 
to  superintend  and  inspect  any  other  work  that  the  City 
Commissioner  may  direct. 


Salary. 

T.o  keep 
journal. 


ibid.,  Sec.  68.  1 68 .  There  shall  be  appointed  by  the  City  Coinmis- 

cierk  to  city  sioner  a  clerk  to  said  Commissioner,  whose  compensation 
shall  be  fifteen  hundred  dollars  a  year,  payable  monthly, 
and  who  shall  keep  a  fair  journal  of  all  proceedings  in 
the  office,  as  far  as  they  may  relate  to  the  condemna¬ 
tion,  grading  or  leveling  of  the  streets,  lanes  and  alleys, 
and  the  establishment  of  boundaries  or  the  making  and  * 
repairing  of  sewers,  and  the  building  and  repairing  of 
bridges,  and  shall  return  them,  under  the  hand  and  seal 
of  the  Commissioner,  at  least  once  in  every  three  months, 
to  the  Register  of  the  city,  to  be  by  him  recorded  and 
filed  in  his  office;  and  he  shall  carefully  preserve  all  bids 
for  work  to  be  done,  and  all  papers  belonging  to  persons 
having  business  with  the  City  Commissioner’s  office. 


Bids. 


city  code,  1893,  169.  The  department  of  the  City  Commissioner  shall 

Art.  48,  Sec.  69.  .  ,  , ,  ,  ,  . 

include  the  leveling,  grading,  making,  mending  or  repair- 
commissioner^ing  the  streets,  lanes,  alleys  and  bridges,  and  contracting 
shall  include.  with  any  person  for  materials  for  the  purpose  aforesaid, 
said  contracts  having  been  approved  by  the  Mayor, 
Register  and  Comptroller  of  the  city,  and  with  as  many 
workmen  as  he  may  judge  necessary  to  be  employed 
from  time  to  time  in  and  about  the  same. 


ORDINANCES. 


105 


170.  All  moneys  appropriated  for  tlie  department  of  ibid.,  sec.  70. 
the  City  Commissioner  shall  be  expended  under  his  To  direct  ex¬ 
direction,  and  paid  by  the  Register  to  his  order,  when penditures- 
approved  by  the  Mayor,  on  the  certificate  of  the 
Comptroller. 

171.  It  shall  be  the  duty  of  the  City  Commissioner,  ma.,  sec.n. 
annually,  to  lay  before  the  City  Council,  in  the  first  Annual  report, 
week  of  the  annual  session,  a  report  of  his  proceedings, 

with  an  abstract  of  the  expenditures  of  the  office,  signed 
by  him. 

172.  It  shall  be  the  duty  of  the  City  Commissioner,  Ibid.,  Sec.i<i. 
in  making  his  annual  report  to  the  Mayor  and  City  statement  of 
Council,  to  furnish  a  statement  of  the  several  streets,  5?eetsdone  °n 
lanes  and  alleys,  or  parts  thereof,  that  have  been  paved 

or  repaved  during  the  year,  together  with  the  names  of 
the  contractors,  the  number  of  square  feet  and  the  sum 
per  square  foot  paid  for  paving  or  repaving,  as  the  case 
may  be,  and  to  state  explicitly  whether  all  the  pro¬ 
visions  of  the  ordinances  relating  to  paving  and  repav¬ 
ing,  and  the  duties  required  of  the  City  Commissioner, 
have  been  complied  with. 

173.  All  warrants  and  other  documents  issued  by  the  cuy  code,  1893, 

Art.  48,  Sec.  73. 

City  Commissioner,  or  connected  with  his  department, 

Warrants,  how 

shall  be  headed:  “City  Commissioners  Office..  to  bo  headed. 

4 

174.  The  City  Commissioner  shall  have  full  power  Ibid  iSec <74. 
and  authority,  and  he  is  hereby  authorized  and  required,  Llnesof  8treets 
when  applied  to  by  any  person  requiring  the  same,  to 
ascertain  and  fix  the  lines  of  any  of  the  streets,  lanes 

and  alleys,  or  any  boundary  of  any  of  the  lots  within 


106 


ORDINANCES. 


said  city,  and  having  so  fixed  and  established  the  same, 
Landmarks,  to  put  up  stones,  or  landmarks,  to  be  provided  for  that 
purpose  by  the  person  or  persons  requiring  the  same  to 
be  done  at  any  place  or  spot  so  established  by  him,  and 
to  make  return,  in  writing,  of  such  establishment,  with 
the  proper  description  thereof,  under  his  hand  and  seal, 
to  the  Register,  who  shall  immediately  record  the  same 
in  a  book  to  be  provided  for  that  purpose,  and  shall 
file  and  keep  the  original  record  or  paper,  so  returned 
as  aforesaid,  in  his  office. 

» 

ibid.,  sec. 75.  175.  No  owner  or  owners  of  any  lot  in  the  city  shall 

Line  of  street  d1’ g  or  lay  the  foundation  of  any  house  in  front  of  any 
ashed6  befOT^e  street,  lane  or  alley,  or  erect  any  wall  or  fence  fronting 
beUbuiu. 8ha11  thereon,  before  he,  she  or  they  shall  have  applied  to 
the  City  Commissioner  to  make  out  the  true  line  of 
such  street,  lane  or  alley,  unless  the  corners  of  the 
square  upon  which  such  improvement  is  to  be  made 
have  been  duly  established,  and  said  Commissioner,  so 
applied  to,  is  hereby  authorized  and  required  to  see 
that  such  foundation,  building,  house  or  wall  does  not 
and  shall  not  encroach  upon  the  highway,  and  said 
Commissioner  shall  have  a  right  to  employ,  if  he  deems 
it  necessary,  on  every  such  occasion,  the  City  Surveyor, 
at  the  cost  of  such  owner  or  owners.  Every  person  so 
neglecting  to  apply,  as  aforesaid,  shall  forfeit  and  pay 
five  dollars,  and  a  like  sum  for  each  and  every  day 
such  directions  are  not  complied  with. 


_  176.  If  any  person  or  persons  shall  think  him,  her  or 

Art.  48,  sec.  76.  themselves  aggrieved  by  the  determination  of  the  said 
Appeal  to  Commissioner,  in  fixing  the  lines  of  any  street,  lane  or 

Mayor  from  de-  70  J  7 

commissioned  a^ey>  or  the  boundary  of  any  lot,  or  in  fixing  the  grade 
of  streets,  lanes  and  alleys,  in  such  case  every  such 


ORDINANCES. 


10' 


person  or  persons  may,  within  five  days  next  after  such 
determination,  appeal  from  the  same  to  the  Mayor, who 
shall  thereupon  issue  a  warrant  summoning  five  dis¬ 
interested  persons  of  known  ability  and  discretion, 
whose  compensation  shall  be  two  dollars  per  day  each, 
(the  determination  of  whom,  or  a  majority  of  whom, 
shall  be  final,)  to  settle  all  matters  of  dispute  within 
ten  days  thereafter,  and  return  their  award,  in  writing, 
to  the  Register,  to  be  by  him  recorded ;  and  before  the 
persons  appointed  under  such  warrant  shall  proceed  to 
the  execution  of  their  duties,  they  shall  make  oath  or 
affirmation  that  they  will  impartially  examine  the  pro¬ 
ceedings  of  the  said  Commissioner  from  which  no  appeal 
is  prayed,  and  confirm  or  alter  the  same  as  in  their 
opinion  is  just,  without  favor  or  partiality;  and  the 
said  persons  shall  receive  from  the  said  Commissioner 
all  documents  and  information  which  influenced  and 
directed  him  in  said  determination,  from  which  the 
appeal  is  made. 


177.  When  any  person  or  persons  shall  appeal  from  ibid.,  sec.  77. 
the  determination  of  the  City  Commissioner,  it  shall  Appellant  to 
not  be  lawful  for  the  Mayor  to  grant  the  said  appeal  glu0nfll to  °pay 
and  issue  the  warrant  herein  mentioned,  unless  the 
person  or  persons  so  appealing  shall  enter  into  an  obli¬ 
gation  to  the  Mayor  and  City  Council  of  Baltimore,  and 
file  the  same  with  the  Register,  binding  him,  her  or 
themselves  to  pay  to  the  Mayor  and  City  Council  of 
Baltimore  all  the  expenses  which  may  be  incurred  in 
the  said  appeal,  should  the  same  be  not  sustained. 


178.  The  City  Commissioner,  with  the  approbation 
of  the  Mayor,  shall  fix  and  ascertain  the  said  expenses, 


City  Code,  1893, 
Art.  48,  Sec.  78. 


which  shall  be  paid  to  the  Register,  and  by  him  to  the 
person  or  persons  employed  to  decide  the  appeal. 


City  Commis¬ 
sioner  to  fix 
such  expenses. 


108 


ORDINANCES. 


ibid.,  sec.  79.  179.  The  City  Commissioner  shall  have  full  power 

Entry  for  re-  and  authority  to  enter  upon  the  lots  of  ground  or  posses- 

pairing  sewers.  "  _ . 

sions  of  any  person  or  persons,  or  bodies  corporate, 
through  which  the  common  sewers  now  or  may  here¬ 
after  run,  to  regulate  or  repair  the  same. 


md.,  sec.  so.  180.  The  City  Commissioner  is  hereby  directed  when- 
Repair  of  ever  any  of  the  bridges  within  the  city  stand  in  need 
of  repairs,  to  mend  and  repair  the  same  as  he,  with  the 
approbation  of  the  Mayor,  may  think  fit. 


ibid.,  sec.  8i.  181.  If  any  person  or  persons  shall  cut,  break,  dig 

Penalty  for  down,  injure  or  destroy  any  abutment,  bank,  mound  or 

injury  to  pub- 

other  public  work  erected  or  constructed  by  or  under 


lie  work. 


the  orders  of  the  City  Commissioner,  every  person  so 
offending  shall  forfeit  and  pay  a  sum  not  exceeding  two 
hundred  dollars,  and  moreover,  shall  be  liable  to  pay 
the  expenses  of  repairing  the  injury. 


cuy  code,  1893,  182.  The  City  Commissioner  is  authorized  to  place 

Art.  48,  Sec.  83. 

flag*  and  stepping  stones  whenever  and  wherever  the 

Flag  and  step-  .  ,  . 

ping  stones,  convenience  and  necessity  of  the  public  may  require 
the  same,  upon  proper  application  being  made  to  him. 


md.,  sec.  84.  183.  qqie  City  Commissioner  is  hereby  authorized, 

Repairing Pri-Up0n  the  application  of  the  owners  of  a  majority  of  the 
ieysets  aud  al ‘front  feet  on  any  private  wharf,  dock,  street,  lane  or 
alley,  to  cause  the  same  to  be  thoroughly  repaired  and 
cleaned,  and  to  assess  and  collect  from  the  owners  of 
the  property  a  tax  sufficient  to  defray  the  expense  of 
the  same  in  the  manner  prescribed  by  law. 


ORDINANCES. 


109 


184.  The  City  Commissioner  is  instructed,  in  all Ibld-’ Sec- 85- 
future  contracts  for  furnishing  Belgian  pavements,  to  Belgian  blocks, 
require  that  the  blocks  shall  be  of  the  following  dimen¬ 
sions  :  Not  less  than  eight  inches  long,  six  inches  deep, 

and  from  three  to  four  inches  wide. 

185.  The  City  Commissioner,  when  engaged  in  repair-  cuy  code,  mz, 

Avt »  48,  Sec*  86. 

ing  streets,  lanes  and  alleys,  shall  repair  the  same  over 

Trenches 

the  trenches  made  by  the  several  gas  companies,  and  made  *>y  §as 
collect  the  cost  of  the  work  from  the  companies  over 
whose  pipes  the  repairs  shall  have  been  made. 

186.  The  several  gas  companies,  railroad  companies, Ibid-’  Sec-S1- 
as  well  as  other  corporations  and  individuals,  (including  Digging  up- 

^  7  v  o  etc.,  streets,  etc. 

all  officers  and  employees  of  the  city),  who  may  now 
have,  or  who  may  hereafter  receive  permission  to  dig 
up  or  disturb  any  of  the  streets,  lanes  or  alleys  of  the 
city,  for  the  purpose  of  laying  or  relaying  railroad 
tracks,  or  repairing  the  same,  or  constructing  wells, 
ditches,  drains,  sewers,  tunnels,  laying  pipes  of  any 
kind,  or  repairing  the  same,  shall  be,  and  they  are 
hereby,  required  to  take  the  proper  measures  to  insure 
the  safety  of  passing  vehicles  and  pedestrians  from  loss  how  safety  of 

^  r  °  x  passing  vehi- 

of  life  or  injury  to  person  or  property,  by  the  erection  trfan^nfnbured! 
of  a  fence  or  barrier  by  day,  and  in  addition  thereto,  by 
displaying  one  or  more  lanterns  at  night,  at  the  por¬ 
tion  or  portions  left  open,  and  also  at  every  street  cross¬ 
ing  on  the  line  of  the  work  where  the  same  may  be 
left  open,  and  upon  a  failure  so  to'  do,  such  corpora¬ 
tions,  companies  or  individuals,  (including  all  officers 
and  employees  of  the  city),  shall  suffer  a  fine  or  penalty  Penalty, 
of  not  less  than  twenty  dollars,  nor  more  than  fifty 
dollars  for  each  and  every  offence,  to  be  collected  as 


110 


ORDINANCES. 


other  fines  and  penalties  are  now  collected  in  the  city 
of  Baltimore.  Whenever  any  piles  of  bricks,  stones, 
lumber  or  other  building*  material  shall  be  left  in  any 
of  the  streets,  lanes  or  alleys  of  the  city,  they  shall 
during  the  night  be  designated  by  displaying  a  lighted 
piaJeTonpiiel lamP  or  lantern  at  such  part  of  the  same  as  to  be  easily 
Ser^etcf’  lum‘ observed  by  persons  passing  along  the  street;  and  any 
person  or  persons,  or  body  corporate,  who  may  violate 
the  provisions  of  this  section,  shall  forfeit  and  pay  a 
fine  of  not  less  than  five  nor  more  than  ten  dollars  for 
each  and  every  offence,  to  be  recovered  as  other  fines 
and  penalties  are  recoverable. 


aty  code ,  1893,  187.  Any  person  or  persons  or  corporation  who  shall 

Art.  48,  Sec.  88.  J  ^  *  * 

dig  up  the  streets,  lanes  or  alleys  of  the  city  of  Bal ti¬ 
nning  up  ol  °  ; 

excavations,  more,  for  the  purpose  of  laying  pipe  or  any  other  pur¬ 
pose,  shall  return  the  dirt  removed  from  such  excava¬ 
tion,  and  in  replacing  the  same,  shall  use  a  rammar  or 
such  other  contrivance  as  shall  make  the  ground  where 
such  excavations  are  made  sufficiently  solid  so  as  not 
to  sink  after  having  been  paved.  Any  person  or  per¬ 
sons,  or  corporation  violating  the  provisions  of  this 
section,  shall  forfeit  and  pay  a  fine  of  ten  dollars  for 
each  and  every  offence;  such  fine  to  be  recovered  as 
other  fines  for  the  violation  of  city  ordinances  are 
recovered;  and  in  addition  to  said  fine  said  person  or 
persons  or  corporation  shall  immediately  proceed  to 
comply  with  the  provisions  of  this  ordinance. 


City  Code,  1893, 
Art.  48,  Sec.  89. 


Stamp  on  gut¬ 
ter  plates. 


188.  The  City  Commissioner  is  authorized  and  directed 
to  have  stamped  on  all  gutter-plates,  the  weight  of  iron 
contained  therein  furnished  by  contractors  to  the  city 
of  Baltimore. 


OltDINAXGKS. 


Ill 


189.  The  Chesapeake  and  Potomac  Telephone  Com-  ^a18^’ 


pany,  of  Baltimore  city,  and  the  Chesapeake  and  Poto- 

f  Telephone 

mac  Telephone  Company  acting  separately,  or  in  con-  wires  to  be  laid 

.  in  conduits. 

junction,  are  respectively  authorized  to  lay  their  or 
their  respective  telephone  wires  intended  to  be  used  in 
connection  with  the  Telephone  Exchange  to  be  estab¬ 
lished  in  the  building  belonging  to  the  Chesapeake  and 
Potomac  Telephone  Company,  at  the  corner  of  St.  Paul 
street  and  Bank  lane,  in  the  city  of  Baltimore,  in  cables, 
laid  in  suitable  conduits  under  the  surface  of  the  streets, 
alleys  or  highways  in  said  city,  now  traversed,  or  to  be 
so  traversed  by  their  said  respective  wires,  with  the 
necessary  man-holes  for  affording  access  to  said  cables. 

Such  conduits  and  man -holes  shall  be  constructed  in 
such  manner  as  not  to  injure  any  vault,  sewer,  water 
pipe,  or  gas  pipe,  and  such  conduits  and  man-holes  shall 
be  constructed  by  either  or  both  of  said  companies  as 
parts  of  one  system,  at  their  or  their  respective  cost 
and  expense,  and  said  companies  so  acting  separately  or 
jointly  in  constructing  said  system  of  underground  wires 
shall  have  power  to  make  the  necessary  house-connec¬ 
tions  in  localities  where  the  same  may  be  required,  in 
such  manner  as  may  be  best  adapted  to  the  location  by 
means  of  any  wire  or  wires  from  such  cable  or  cables  ; 
provided,  however,  that  the  said  two  companies,  if  act¬ 
ing  together,  shall  have  and  possess  the  powers  and 
privileges  only  which  might  have  been  exercised  by  one 
of  said  companies  if  acting  alone  under  this  ordinance. 


190.  Nothing  contained  in  Sections  90-93  shall  be  Ibid ,  Sec  91 
construed  to  grant  unto  either  or  both  of  said  telephone 

•  No  exclusive 

companies  the  exclusive  right  to  lay  underground  wire  rights  granted, 
cables  within  the  limits  of  the  city  of  Baltimore,  and 


112 


ORDINANCES. 


Ibid.,  Sec.  92. 

Payment  for 
grant  of  privi¬ 
leges. 


the  rights  granted  by  this  ordinance  shall  cease  and 
determine  unless  three  miles  of  the  underground  con¬ 
duits  provided  for  by  this  ordinance  are  constructed 
within  two  years  from  the  date  of  its  approval,  and 
after  said  two  years,  and  as  rapidly  as  said  conduits 
may  be  constructed,  and  said  cables  are  laid  therein,  all 
poles  belonging  to,  or  under  the  control  of  either  of 
said  companies,  standing  upon  any  street  or  thorough¬ 
fare  in  this  city,  along  which  any  such  conduit  is  con¬ 
structed  and  cable  laid,  shall  be  removed,  and  shall  not 
be  replaced,  except  in  so  far  as  such  existing  pole  or  poles 
now  standing,  or  hereafter  to  be  maintained  or  erected  by 
such  companies  or  company,  are  necessary  to  be  main¬ 
tained  or  erected  by  them  or  it,  for  the  purpose  of 
making  distribution  of  and  forming  connections  with 
any  wire  or  wires  forming  part  or  parts  of  any  such 
cables  so  laid  in  a  conduit  with  the  building  or  build¬ 
ings  or  place  or  places  intended  to  be  connected  with 
such  wire  or  wires  from  such  cable. 

191.  Said  companies  shall,  in  consideration  of  the 
rights  and  privileges  granted  to  them  by  this  ordinance 
before  constructing  any  portion  of  the  conduit  or  con¬ 
duits  hereinbefore  authorized,  enter  into  an  agreement 
in  a  form  to  be  approved  by  the  Mayor  of  the  city  of 
Baltimore,  and  with  sufficient  security,  certified  by  the 
Comptroller  and  approved  by  the  Mayor,  to  pay  annu¬ 
ally  to  the  Mayor  and  City  Council  of  Baltimore,  thirty 
cents  for  each  lineal  yard  of  the  first  four  miles  in  ag¬ 
gregate  lineal  length  of  conduit  or  conduits,  constructed 
under  the  provisions  of  this  ordinance,  and  twenty 
cents  per  lineal  yard  for  each  succeeding  mile  or  frac¬ 
tion  of  a  mile  of  the  aggregate  lineal  length  of  such 


ORDINANCES. 


113 


conduit  or  conduits  exceeding  such  aggregate  lineal 
length  ot  four  miles;  provided,  however,  that  the 
annual  payment  so  to  be  made  in  any  year,  accounting 
from  the  date  of  the  approval  of  this  ordinance,  shall 
not  be  less  than  the  sum  of  three  thousand  dollars, 
and  shall  also,  before  constructing  any  portion  of  such 
conduit  or  conduits,  file  with  the  City  Commissioner  a 
plan  showing  the  location  and  character  of  the  portion 
or  portions  of  the  conduit  or  conduits  next  proposed  to 
be  constructed  ;  and  every  such  conduit  or  part  thereof 
shall  be  constructed  under  the  supervision  of  the  said 
City  Commissioner;  and  all  paving  which  may  be  tem¬ 
porarily  removed  by  the  said  companies  in  the  course 
of  the  construction  of  any  conduit  or  conduits  author¬ 
ized  by  Section  189,  shall  be  restored  or  replaced,  under 
the  direction  and  superintendence  of  the  City  Commis¬ 
sioner,  by  the  companies  or  company  constructing  said 
conduit  or  conduits,  and  at  their  or  its  expense,  in  a 
manner  satisfactory  to  said  Commissioner. 

192.  In  every  under-ground  conduit  constructed  under 

Ci  fxo,  *j6Ci  90i 

the  provisions  of  this  ordinance  space  shall  be  pro- 

Cable  for  use 

vided,  if  required,  free  of  cost  or  rent,  for  the  laying^,  ^ 
therein  by  the  Fire  Commissioners  of  the  city  of  Haiti- wires- 
more  of  a  cable  for  the  exclusive  and  official  use  only 
of  the  police  and  fire-alarm  telegraph  and  police  and 
patrol  wires. 

193.  The  said  companies  shall,  before  exercising  any  ibid.,  sec. 94. 
privileges  under  Sections  90-93,  enter  into  a  bond  in  Bond, 
the  sum  of  ten  thousand  dollars,  with  good  and  sufficient 
securities  to  be  approved  by  the  Mayor  and  Comp¬ 
troller,  conditioned  that  the  company  or  companies 


114 


ORDINANCES. 


exercising  the  privileges  granted  by  this  ordinance  will 
faithfully  perform  the  obligations  imposed  upon  it  or 
them,  respectively,  thereby. 


PERMITS  FOR  DIGGING  UP  STREETS. 


aty  Code,  1893,  1  94.  No  carter  or  other  person  shall  dig,  remove  or 

Art.  48,  Sec.  106.  carry  away  from  or  out  of  any  of  the  unpaved  streets, 

UnpaVstreets.  lanes  or  alleys  of  the  city,  any  dirt,  earth,  sand  or 
gravel,  without  a  special  license  first  had  and  obtained 
from  the  City  Commissioner,  with  the  approbation  of 
the  Mayor,  for  that  purpose,  specifying  the  time  when 
and  place  from  which  the  same  is  to  be  removed,  under 
penalty.  the  penalty  of  one  dollar  for  every  load  of  dirt,  earth, 
sand  or  gravel  so  removed. 


Ibid.,  Sec.  107. 
Paved  streets. 


195.  No  person  or  persons,  corporation  or  corporations, 
shall  dig  up,  tear  up  or  uncover  any  of  the  streets,  lanes 
or  alleys  of  this  city,  or  any  part  thereof,  or  remove 
therefrom  any  of  the  stones,  bricks,  blocks,  cement  or 
other  material  with  which  the  same  may  be  paved,  in 
whole  or  in  part,  without  having  first  obtained  a  permit 
therefor  from  the  City  Commissioner,  approved  by  the 
Mayor. 


196.  No  such  permit  as  is  provided  for  in  the  preced- 

mty  \jOd6,  lotioj 

Art. ±8,  sec.  108.  irig  section  shall  be  issued  or  granted  at  any  time,  unless 
for^rmTts10118  aPPlicant  or  applicants  seeking  the  same  shall  apply 


therefor  in  writing,  and  shall  in  such  application  con¬ 
sent  and  agree  that  the  regrading  and  repaving  of  such 
portion  of  any  street,  lane  or  alley  as  may  be  torn  up 
or  otherwise  disturbed  under  such  permits,  and  any  and 
all  such  other  work  as  may  be  thereby  necessary  to 


ORDINANCES. 


115 


restore  the  said  street  to  a  proper  condition,  shall  be 
done  by  the  City  Commissioner,  at  the  expense  of  said 
applicant;  the  paving  to  be  done  at  the  cost  of  paving 
or  repaving  to  the  city  for  the  same  kind  of  pavement. 

197.  Any  person  violating  any  of  the  provisions  of 
the  two  preceding  sections  shall  be  subject  to  a  fine  of 
twenty  dollars  for  each  day  the  same  shall  continue; 
said  fines  to  be  collected  as  other  fines  are  collected  for 
the  violation  of  city  ordinances. 

198.  No  person  or  persons  shall  make,  dig  or  throw  up 
any  drain,  trench,  gully,  gutter  or  canal,  in,  through, 
along  or  across  any  of  the  streets,  lanes  or  alleys  of  the 
city,  without  a  special  license  or  permission  in  writing 
for  that  purpose  first  had  and  obtained  from  the  City 
Commissioner,  specifying  the  time  when  and  place 
where  the  same  is  to  be  done,  and  such  conditions  as 
he  may  think  necessary,  under  penalty  of  ten  dollars, 
if  the  same  shall  not  be  done  in  strict  accordance  with 
said  permission,  and  the  street,  lane  or  alley  kept  in  good 
repair  as  therein  required,  and  the  like  sum  weekly 
until  the  same  be  removed,  or  permission  received  and 
complied  with  as  above  required. 

199.  Any  person  or  corporation  upon  whom  the  obli¬ 
gation  may  be  imposed  by  any  law  or  ordinance  to 
keep  in  repair  any  part  of  any  of  the  streets,  lanes  or 
alleys  within  the  city,  or  to  replace  and  restore  in  proper 
order  and  condition  the  bed  or  surface  of  any  street, 
lane  or  alley,  or  any  portion  thereof  which  such  person 
or  corporation  may,  for  any  purpose,  be  licensed  or  per¬ 
mitted  to  dig  up,  displace  or  remove,  and  who  shall 


Ibid  ,  Sec.  109. 
Penalty. 


Ibid.,  Sec.  llu. 

Trenches, 
drains  and 
gulleys. 


Ibid,,  Sec.  111. 

Penalty  for 
failing  to  keep 
in  repair  or 
replace. 


116 


ORDINANCES. 


refuse  or  neglect  to  make  sucli  repairs,  replacement  or 
restoration,  within  three  days  after  having  been  notified 
in  writing  by  the  City  Commissioner  to  make  said 
repairs,  or  to  replace  and  restore  in  proper  order  and 
condition  the  bed  or  surface  of  such  street,  lane  or  alley, 
shall  forfeit  and  pay  the  sum  of  twenty  dollars  for  each 
and  every  case  of  such  refusal  or  neglect;  said  fines  to 
be  collected  as  other  fines  and  penalties  for  the  viola¬ 
tion  of  city  ordinances  are  collected. 

aty  code,  iso;,  200.  Whenever  any  person  or  corporation  whose  duty 

Art.  48,  Sec.  112. 

it  shall  be  to  keep  in  repair  any  part  of  any  of  the 

sio^er^may streets,  lanes  or  alleys  within  the  city  or  to  replace  and 

make  repairs 

at  cost  of  party  restore  in  proper  order  and  condition  the  bed  or  surface 

bound  there-  x 

for-  of  any  street,  lane  or  alley  which  such  person  or  corpor¬ 

ation  may  be  licensed  or  permitted  to  dig  up,  displace 
or  remove,  shall  neglect  said  duty  after  being  notified 
in  writing  by  the  City  Commissioner,  as  provided  in 
the  preceding  section,  and  it  shall  appear  to  said  Com¬ 
missioner  that  the  condition  of  such  street,  lane  or  alley 
is  attended  with  possible  danger  to  persons  passing  over 
or  using  the  same,  it  shall  be  the  duty  of  said  Commis¬ 
sioner  forthwith  to  make  such  repairs  as  may  be  neces¬ 
sary,  and  when  completed  to  collect  the  cost  of  making 
the  same  from  the  person  or  corporation  through  whose 
default  or  neglect  the  same  may  become  necessary,  and 
for  said  purpose  he  may,  with  the  approval  of  the 
Mayor,  cause  suit  to  be  instituted  in  the  name  of  the 
Mayor  and  City  Council  of  Baltimore,  against  such 
person  or  corporation. 


ORDINANCES. 


117 


VAULTS,  AREAS  AND  CELLARS. 

201.  It  shall  be  t lie  duty  of  the  police  officers  to  give  aty  code,  ism, 
information  to  the  Mayor  and  City  Commissioner, 
whenever  any  vault  or  area  is  being  constructed  in  any  fycity commis- 
of  the  streets  of  the  city,  within  their  respective  dis-  struction  o  f 

.  ,  vaults  and 

triCtS.  areas. 


202.  All  such  vaults  shall  be  constructed  of  stone  or. 

.  Ibid.,  Sec.  125. 

brick,  agreeably  to  the  directions  of  the  City  Commis¬ 
sioner,  under  the  penalty  of  twenty  dollars  for  each  andof  stone  or 

**  Driok. 

every  offence,  and  the  further  penalty  of  twenty  dollars 
during  each  and  every  month,  until  the  same  shall  be 
constructed  according  to  the  provisions  of  this  sub-title 
of  this  article,  to  be  paid  by  the  person  or  persons  who 
may  cause  or  direct  the  same  to  be  constructed. 


203.  The  iron  gates  which  shall  be  used  to  cover  the  Ibid.,sec.  126. 

apertures  of  vaults  which  are  placed  in  the  footways  in  Iron  ga tes 

the  several  streets,  lanes  or  alleys  of  the  city,  shall  be  su-uctedbe  con' 

sunk  not  less  than  three  inches  below  the  surface  of 

said  foot  pavements,  and  the  same  shall  be  securely 

covered  by  a  wooden  or  stone  frame,  which  shall  be 

level  with  the  surface  of  the  said  foot  pavement,  so  as 

not  to  create  any  obstruction  to  walking  or  other  proper 

use  of  said  footways ;  and  the  said  gates,  so  covered 

with  wood  or  stone  as  aforesaid,  shall  be  so  constructed 
•  ' 

as  to  be  fastened  inwardly,  and  the  wooden  or  stone 
frame  or  covering  securely  fastened  to  the  iron  grates, 
so  that  the  same  may  not  come  apart ;  and  if  any  owner 
or  occupier  of  property  shall  hereafter  cause  or  permit 
any  grate  to  be  placed  upon  the  foot  pavement  attached 
to  his  or  her  premises  not  constructed  conformably  to 


I 


118  ORDINANCES 

the  provisions  of  this  section,  he,  she  or  they  shall  incur 
a  penalty  of  ten  dollars,  and  one  dollar  for  each  day  it 
shall  remain  after  notice  given  by  the  City  Commis¬ 
sioner  to  alter,  change  or  remove  the  same;  provided, 
that  the  provisions  of  this  section  shall  only  apply  to 
openings  to  vaults  which  project  or  are  placed  more 
than  three  feet  from  the  building  line  of  any  street. 

* 

♦ 

lono  204.  The  owner  or  occupant  of  any  house  or  lot  be- 

City  Code,  1893,  r  ^ 

Art.  48,  sec.  127.  £ore  which  any  vault  or  opening  for  cellar  doors,  areas 
precautions  or  steps  is  being  constructed  shall  fence  off  the  pave- 

against  acci¬ 
dent,  ment  on  the  right  and  left  of  the  improvement,  and 

during  the  whole  of  every  night  whilst  such  vault  or 

opening  is  uncovered  or  unenclosed  cause  a  lighted 

lamp  or  lantern  to  be  placed  at  some  convenient  spot, 

so  as  to  cast  its  light  upon  such  vault  or  opening,  under 

the  penalty  of  five  dollars  for  each  and  every  night  or 

part  of  anight  during  which  such  lamp  or  lantern  shall 

be  neglected  to  be  placed,  kept  or  lighted  as  aforesaid. 

ibid.,  sec.  128.  205.  No  person  shall  remove  or  cause  to  be  removed 

Apertures  toany  grate  or  covering  to  the  opening  or  aperture  of  any 

closed  whilsj  vault  in  any  of  the  streets  of  the  city,  without  enclos¬ 
ing  such  aperture  duing  the  time  such  grate  or  covering 
is  removed,  with  a  strong  box  or  kerb,  at  least  twelve 
inches  high,  and  firmly  securing  the  same,  under  a 
penalty  of  ten  dollars  for  each  and  every  offence. 

ibid.,  sec.  139.  206.  If  any  person  or  persons  shall  place  or  cause  to 

obstructions  be  placed  within  the  streets,  lanes  or  alleys  of  the  city, 
any  dirt,  lumber  or  other  obstruction  to  the  free  egress 
or  ingress  through  such  street,  lane  or  alley,  and  shall 
permit  the  same  to  remain  more  than  twenty-four  hours 


ORDINANCES. 


119 


after  being  notified  by  the  City  Commissioner  or  any  of 

the  police  officers  to  remove  the  same,  he,  she  or  they 

shall  be  subject  to  a  fine  of  five  dollars  for  each  day  it 

shall  so  remain ;  and  the  City  Commissioner  is  hereby  Commissioner* 

authorized  and  empowered  to  remove,  or  caused  to  be 

removed,  all  manner  of  obstructions  to  the  passage 

through  the  streets,  lanes  or  alleys  which  he  shall  find 

remaining  in  the  same  an  unnecessary  length  of  time; 

and  all  expenses  incurred  shall  be  chargeable  to  the 

person  or  persons  who  shall  violate  the  provisions  of 

this  section. 


207.  If  any  person  shall  cause  any  horse,  mare  or  ibid.,  sec.  no. 
gelding  to  stand  in  any  of  the  streets,  lanes  or  alleys  Horses  not  to 
within  the  city  limits  whilst  he  is  shoeing  or  preparing  made m streets, 
to  shoe  such  horse,  mare  or  gelding,  or  shall  make  any 
fire  in  any  street,  lane  or  alley,  every  such  person  shall 
forfeit  and  pay  a  sum  not  exceeding  five  dollars ;  pro-  Pr0viso. 
vided,  that  it  shall  and  may  be  lawful  for  any  person 
to  kindle  and  use  afire  made  of  charcoal  or  coke  on  any 
street,  lane  or  alley  in  the  city  for  the  purpose  of  pre¬ 
paring  any  article  to  be  used  in  the  construction  of  any 
house,  cellar  or  pavement,  if  not  more  than  one-fourth 
of  the  width  of  the  street,  lane  or  alley  in  front  of  the 
property  to  be  improved  be  occupied,  and  for  no  longer 
time  than  six  days  at  anyone  place;  and  provided 
further,  that  the  consent  of  the  persons  occupying  all 
the  property  on  the  square  on  which  the  improvement 
is  to  be  made  be  first  filed  in  the  office  of  the  City 
Commissioner. 


208.  If  any  person  or  persons  shall  wilfully  break,  ste, ua. 
pull  down,  hurt  or  destory  any  tree  or  trees,  or  enclosure  injury  and 

*  J  j  i  destruction  of 

around  the  same,  which  are  now  or  may  hereafter  beUees- 


120 


ORDINANCES. 


planted  near  the  kerb  or  gutter  of  any  of  the  streets, 
lanes  or  alleys  of  the  city,  or  in  any  other  public  grounds 
within  the  city,  such  person  or  persons  so  offending 
shall  forfeit  and  pay  five  dollars  for  every  such  offence ; 
provided  always,  that  nothing  herein  contained  shall  be 
so  construed  as  to  prevent  the  City  Commissioner  from 
removing  any  tree  or  trees,  or  part  thereof,  which  he 
may  deem  so  situated  as  to  obstruct  the  carriage  or 
footways,  or  injure  any  of  the  public  pumps,  or  any 
proprietor  of  a  lot  or  lots  from  cutting  down  any  tree 
or  trees  near  the  gutter  in  front  of  his  or  her  lot  or  lots. 


aty  code,  1893,  209.  It  shall  not  be  lawful  for  any  person  or  persons 

Art.  48,  Sec.  1576.  ^  *  * 

to  have,  keep  or  maintain  upon  any  street,  lane,  alley 

Certain  arti¬ 
cles  not  to  be  or  other  public  place  within  the  limits  of  this  city  any 

kept  upon  <J  J 

streets,  etc.  box,  bin,  barrel  or  other  receptacle  for  the  reception  of 
garbage,  ashes,  litter  or  rubbish  of  any  sort,  except  that 
in  order  to  facilitate  the  removal  of  garbage  and  ashes, 
it  shall  be  lawful  for  the  occupant  of  any  premises  to 
place  daily  upon  the  sidewalk  in  the  rear  of  such  prem¬ 
ises,  or  in  front  of  premises  to  which  there  is  no  rear 
entrance  accessible  to  the  drivers  of  the  city  garbage 
for  carts,  suitable  boxes  or  vessels  as  by  ordinance  pre¬ 
scribed  for  garbage  and  ashes,  and  to  allow  the  same  to 
remain  till  emptied  by  the  drivers  of  the  city  garbage 
carts;  provided  that  such  boxes  or  other  vessels  shall  in 
all  cases  be  removed  from  the  sidewalk  within  one 
hour  after  they  shall  have  been  emptied  by  the  drivers 
of  the  city  garbage  carts. 


Boxes 

garbage. 


Ibid.,  Sec.  157c.  210.  Every  occupant  of  any  premises  within  the  city, 

sidewalks  to  and  the  owner  of  premises  that  may  be  vacant,  shall  be 
structed.  required  to  keep  the  sidewalk  bounding  upon  such 


ORDINANCES. 


121 


premises  and  tlie  gutters  belonging  thereto  open  and 
free  from  obstructions. 

211.  If  any  of  the  substances  mentioned  in  Section  aty  code,  1893, 

,  Art.tf,  Sec.  151  d. 

lo (d  are  thrown  or  carried  from  any  house,  warehouse, 

shop,  cellar,  yard  or  other  place,  and  left  in  any  of  the  violation  of 

i  .  „  -  three  preceed- 

places  specified  in  said  section,  the  occupant  of  such  ing  sections, 
house,  warehouse,  shop,  cellar,  yard  or  other  premises, 
or  owner  thereof,  if  vacant,  and  the  person  who  act¬ 
ually  threw,  carried  or  left  the  same,  or  who  caused  the 
same  to  be  thrown,  carried  or  left,  shall  severally  be 
held  liable  for  a  violation  of  this  ordinance ;  and  every 
wilful  violation  of  this  ordinance  shall  be  punished  by 
a  fine  of  not  less  than  two  dollars,  nor  more  than  ten 
dollars,  or  by  imprisonment  in  the  city  jail  for  not 
more  than  five  days. 

212.  No  person  or  persons,  corporation  or  corpora-  /&»<*.,  sec.  i57«. 
tions,  shall  under  any  pretext  or  any  cause  whatever,  Streets  not  to 
dig  up,  tear  up,  or  uncover  any  of  the  streets,  lanes  or  poles,  etc., Unot 

°  ’  ’  ’to  be  planted 

alleys  of  the  city,  or  any  part  thereof,  or  remove  there- 
from  any  of  the  stones,  bricks,  blocks,  cement  or  other  missioner- 
material  with  which  the  same  may  be  paved  in  whole 
or  in  part;  or  plant,  erect  or  set  up,  on  any  portion  of 
the  bed  of  such  streets,  alleys  or  lanes,  or  any  portion 
of  the  sidewalks  thereof,  any  hitching  posts,  telegraph, 
telephone,  electric  light  or  other  pole  or  poles  of  any 
.description  whitsoever  without  first  having  obtained  a 
written  permit  therefor  from  the  City  Commissioner, 
approved  by  the  Mayor. 

213.  No  such  permit  as  is  provided  for  in  the  pro-  ibid.,  see.  w. 
ceeding  section  shall  be  issued  or  granted  at  any  time  Regulations 
unless  the  applicant  or  applicants  seeking  the  same  such  permit. 


122 


ORDINANCES. 


shall  apply  therefor  in  writing,  and  shall  in  such  appli¬ 
cation  consent  and  agree  that  the  regrading  and  repav¬ 
ing  of  such  portion  of  any  street,  lane  or  alley  as  may 
be  torn  up  or  otherwise  disturbed  under  such  permits  > 
and  any  and  all  such  other  work  as  may,  in  the  judg¬ 
ment  of  the  City  Commissioner  be  rendered  necessary 
to  restore  the  said  street,  lane  or  alley  to  a  proper  con- 
dondition,  shall  be  done  by  the  City  Commissioner  at 
the  expense  of  said  applicant;  and  if  said  application  is 
for  a  permit  to  erect  one  or  more  hitching  posts  or  tele- 
graph,  telephone,  electric  light  or  other  poles  of  any 
description  whatsoever,  the  person  or  persons,  corpora¬ 
tion  or  corporations,  applying  for  the  same,  shall  in 
said  application  further  consent  and  agree  that  such 
hitching  posts,  telegraph,  telephone,  electric  light  or 
other  pole  or  poles  shall  be  placed  in  such  position  or 
positions  as  the  City  Commissioner  may  designate,  and 
that  the  location  of  such  hitching  post  or  telegraph, 
telephone,  electric  light  or  other  pole  or  poles,  shall  be 
changed  at  any  future  time  to  such  other  position  or 
positions  as  the  Mayor  for  the  time  being  shall  desig¬ 
nate;  and  that  if  the  Mayor  and  City  Commissioner  for 
the  time  being,  shall  at  any  future  time  order  said 
hitching  posts,  telegraph,  telephone,  electric  light  or 
other  pole  or  poles,  or  any  of  them,  to  be  taken  down, 
that  the  same  shall  be  removed  within  three  days,  and 
that  the  cost  of  any  change  in  location  or  of  taking  • 
down  and  removing  said  hitching  post,  telegraph,  tele¬ 
phone,  electric  light  or  other  pole  or  poles,  including 
the  cost  of  any  repairing  of  the  bed  of  the  street  thereby 
rendered  necessary,  shall  be  borne  by  the  applicant  or 
applicants  for  the  said  permits. 


* 


ORDINANCES. 


123 


214.  If  any  person  or  persons,  corporation  or  corpor-  city  code, 
ations,  shall  violate  any  of  the  provisions  of  the  two AUAH>,SecAb’Jg- 
preceeding  sections,  either  directly  or  through  any  ein-  violation  of 
ployee,  servant  or  agent,  he  or  they  shall  be  subject  sections.  & 
to  a  fine  of  not  less  than  twenty  nor  more  than  fifty 
dollars  for  each  day  the  same  shall  continue,  said  fines 
to  be  collected  as  other  fines  are  collected. 


Grades  of  Streets. 

215.  The  grades  and  lines  of  all  streets  hereafter  to  0rd.  no .  m. 
be  opened  or  established  in  the  Twenty-first  and  Twenty- 
second  wards  of  Baltimore  city  shall  be  made  to  con¬ 
form  to  the  requirements  of  the  Topographical  Survey, 

now  in  course  of  preparation,  under  the  provision  of  an 
ordinance  of  the  Mayor  and  City  Council  of  Baltimore. 

BRUSH  ELECTRIC  LIGHT  COMPANY. 

216.  The  Brush  Electric  Light  Company  of  Baltimore  City  Codet  1893> 
City,  a  body  corporate,  duly  incorporated  according  to  -,r2-48”Stx-182- 
law,  its  successors  and  assigns,  is  authorized  to  con-  carafe linear 
struct,  operate  and  erect  lines  of  wires  for  illuminating^ 11  es‘ 
purposes,  and  for  all  other  purposes  to  which  electricity 

or  magnetism  may  be  applied,  above  ground,  or  lay 
them  under  ground,  or  in  pipes  or  otherwise,  over,  under 
and  along  the  streets,  squares,  lanes,  alleys,  bridges  and 
waters  of  the  city  of  Baltimore,  and  to  construct,  main¬ 
tain,  repair  and  remove,  from  to  time,  all  such  lines 
and  pipes;  provided,  however,  that  in  t lie  construction, 
maintenance,  removal  and  repair  thereof,  the  said 
corporation,  its  successors  and  assigns,  shall  be  at  all 
times  subject  to,  and  be  entitled  to  the  benefit  of  all 


1 24 


ORDINANCES. 


the  ordinances  of  the  said  city,  providing  for  the  con- 
conditions.  deiiination,  construction,  maintenance  and  repair  of 
telegraph  poles  and  lines  therein  ;  provided,  always, 
that  the  said  company  shall  not  in  any  manner  injure 
or  displace  any  of  the  pipes  laid,  or  to  be  laid,  for  the 
purpose  of  supplying  water  to  said  city,  or  any  of  the 
pipes  then  or  thereafter  to  be  laid  by  any  company 
incorporated  under  the  laws  of  this  State  with  power 
to  lay  pipes  in  said  city;  and  provided  also,  that  the 
said  company  shall  immediately  after  erecting  or  re¬ 
moving  any  poles,  or  laying,  repairing  or  removing  any 
wires  or  pipes  aforesaid,  and  always  within  two  days 
after  being  thereto  required  by  the  Mayor  or  City 
Commissioner,  cause  to  be  tilled  up,  repaired  and  re¬ 
paved  in  like  good  order,  at  the  expense  of  said  com¬ 
pany,  every  such  street,  or  part  of  a  street,  square,  lane, 
alley  or  bridge,  as  the  company  may  find  it  necessary 
to  dig,  impair  or  unpave,  for  the  purpose  of  laying, 
altering,  repairing,  renewing  or  removing  any  pole 
or  poles,  wire,  pipe  or  pipes  aforesaid ;  and  if  the  said 
company  shall  omit  or  neglect  to  fill  up,  repair  or  re¬ 
pave  any  such  street,  square,  lane,  alley  or  bridge,  or 
any  part  thereof,  as  aforesaid,  for  the  space  of  two  days 
after  the  time  which  shall  be  limited  by  the  Mayor  or 
City  Commissioner  in  his  notice,  the  said  company  shall 
for  every  such  omission  or  neglect,  forfeit  and  pay  to 
the  use  of  said  city,  such  sum  not  exceeding  twenty 
dollars,  as  any  justice  of  the  peace  for  said  city  shall 
adjudge,  on  a  warrant  to  be  issued  in  the  name  of  the 
Mayor  and  City  Council  of  Baltimore  against  the  presi¬ 
dent  and  directors  of  the  said  company;  and  also  the 
sum  of  five  dollars,  to  be  recovered  as  aforesaid,  for 
every  day  the  said  company  shall  neglect  or  refuse  so 


ORDINANCES. 


125 


to  do,  after  issuing  tlie  first  warrant  for  the  recovery  of 
the  penalty  of  twenty  dollars,  or  less,  as  aforesaid. 

217.  The  refilling,  repairing  and  repaving,  required  Citu  code,  1893, 

■A vt.  48.  See*  183. 

to  be  done  by  the  provisions  of  the  preceding  section, 

Approval  of 

shall  be  subject  to  the  approval  of  the  City  Coinmis-  city  commis¬ 
sioner  ;  and  if  the  said  company  shall  refuse  or  neglect, 
after  five  days’  notice  from  him,  to  do  said  refilling, 
repairing  and  repaving,  in  such  manner  as  he  may  ap¬ 
prove,  he  may  cause  the  same  to  be  done,  and  recover 
the  expense  thereof  from  said  company  by  suit  in  the 
name  of  the  Mayor  and  City  Council  of  Baltimore 
against  said  company. 

SURVEYOR. 


218.  Whenever  the  City  Commissioner  shall,  in  pur  -  cuy  code,  1893, 
suance  of  the  several  duties  required  to  be  performed  AlLi%  &ec' 
by  him,  under  the  provisions  of  the  several  ordinances  Dutle9 
of  the  city  of  Baltimore,  contained  in  Article  XLVIII, 

Streets  and  City  Commissioner,  or  of  any  other  ordi¬ 
nance  which  may  hereafter  be  passed,  regulating  the 
duties  of  said  City  Commissioner,  require  the  services 
of  a  surveyor,  it  shall  be  the  duty  of  the  said  City 
Surveyor  to  do  and  perform  all  such  acts  appertaining 
to  the  business  of  a  surveyor  as  may  be  reasonably 
required  of  him  by  the  said  City  Commissioner,  for 
which  services  he  shall  b,e  entitled  to  and  shall  receive 
compensation  as  fixed  in  the  table  of  rates  contained  in 
the  fifth  section  hereof,  and  which  compensation  shall 
be  collected  in  the  manner  now  provided  for  in  the 
several  ordinances  hereinbefore  referred  to,  or  which 
may  hereafter  be  passed  by  the  Mayor  and  City  Council 
of  Baltimore. 


126 


ORDINANCES. 


219.  The  compensation  for  the  duties  performed  by 
atycode.im,  the  City  Surveyor  under  this  article  shall  be  as  fixed  by 
the  following  table,  viz  : 

Fees  and  °  J 

charges.  For  surveying  and  establishing  the  lines  of  a  lot, 
eight  dollars. 

For  a  plat  of  the  same,  three  dollars. 

For  surveying  and  establishing  from  two  to  ten  ad¬ 
joining  lots,  each  five  dollars. 

For  a  plat  of  the  same,  each  two  dollars. 

For  giving  the  line  of  a  street  in  front  of  a  building, 
five  dollars. 

For  establishing  the  grade  of  any  street,  one  square, 
five  dollars. 

For  all  over  one  square,  each  three  dollars. 

For  profile  of  same,  for  each  square,  five  dollars. 

For  paving  plat,  each  square,  five  dollars. 

For  condemnation  and  benefit  plats  furnished  to  the 
Commissioners  for  Opening  Streets,  the  rates  shall  be 
as  follows  : 

* 

For  a  distance  as  shown  on  the  benefit  plat  not  exceed¬ 
ing  two  squares,  for  every  front  foot  ordered,  five  cents. 

For  a  distance,  as  above,  more  than  two  and  not  exceed¬ 
ing  four  squares,  for  every  front  foot  ordered,  three  cents. 

For  a  distance,  as  above,  exceeding  four  squares,  for 
every  front  foot  ordered,  two  cents. 

For  the  damage  plat  he  shall  be  allowed  for  his  own 
services  ten  dollars  per  day  while  engaged  on  it,  and 
also  an  additional  allowance  of  two  dollars  and  fifty 
cents  per  day  for  each  assistant;  provided,  that  in 
opening  any  street  designated  on  Poppleton’s  plat,  there 
shall  not  be  allowed  (on  said  damage  plat)  more  than 
one  day  to  each  square  to  the  Surveyor  and  his  assistants, 
unless  the  bed  of  the  street  to  be  opened  be  obstructed 
by  improvements. 


p 


ORDINANCES. 


127 


220.  All  records,  memoranda,  plats  and  field  notes  aty  code,  i89». 

’  ^  Art.  49,  Sec.  7. 

herein  mentioned  shall  at  all  times  be  subject  to  the  in- 

Inspectlon  of 

spection  and  examination  of  the  Mayor,  the  members  ws  records, 
of  the  City  Council,  the  City  Commissioner,  the  Com¬ 
missioners  for  Opening  Streets,  the  Counselor,  Solicitor 
and  Examiner  of  Titles,  the  Comptroller  and  the  Regis¬ 
ter  of  the  City;  but  every  other  person,  after  the  ex¬ 
piration  of  twelve  months  from  the  time  of  the  deposit 
of  any  record,  memoranda  or  plats  in  said  office  for 
such  inspection,  shall  pay  to  the  City  Surveyor,  for  the 
use  of  the  city,  the  sum  of  twelve  and  a  half  cents; 
and  it  shall  be  the  duty  of  the  City  Surveyor  to  furnish 
a  copy  of  any  record  in  his  office  to  any  person  requir¬ 
ing  the  same,  on  the  payment  of  ten  cents  for  every  one 
hundred  words  embraced  in  such  copy. 


TAXES. 

221.  Whenever  any  tax  that  has  been  assesed  by  the  aty  code ,  1893, 

.  A rt.  50.  Sec.  53. 

City  Commissioner  for  paving  any  street,  lane  or  alley, 
or  any  part  thereof,  in  the  city  of  Baltimore,  shall  have  paving  tax. 
remained  unpaid  for  the  space  of  four  months  after 
said  paving  has  been  completed,  for  which  the  assess¬ 
ment  was  made,  the  collector  is  hereby  authorized  and 
required  to  proceed  to  enforce  payment  thereof  as 
herein  provided  for  the  collection  of  taxes  in  arrears  on 
real  estate. 

222.  tn  all  cases  where  a  tax  shall  be  assessed  foi*  1QOQ 

City  Code,  1893, 

paving  or  repaving  any  street,  lane  or  alley  as  afore-  ArL  50’ Sec- 55- 
said,  which  it  is  hereby  made  the  duty  of  the  collector  in^®t8b*0cje 
to  collect,  the  City  Commissioner  is  hereby  authorized  Commi8Sioner* 

to  have  a  plat  made  out  of  the  property,  giving  the 

0 


128 


ORDINANCES. 


width  of  the  front,  depth  and  full  description  of  each 
lot  of  ground  on  which  said  tax  has  been  assessed, 
which  tax  shall  he  a  lien  on  the  property  taking  prece¬ 
dence  of  all  other  liens,  except  for  other  taxes  previously 
assessed  and  binding  upon  each  and  all  interests  in  said 
property ;  which  taxes  the  said  collector  is  hereby 
directed  to  collect,  as  herein  provided  for  the  collection 
of  taxes  in  arrears  on  real  estate. 


„  „  ,  223.  The  collector  on  receiving  the  full  amount  of 

Art.  50,  Sec.  57.  purchase  money  for  sales  of  property  made  in  conse- 
cnaserst0  pur' Q.uence  °f  opening  streets,  lanes  or  alleys  as  aforesaid, 
shall  execute  a  deed  of  conveyance  in  favor  of  the  pur¬ 
chaser  or  purchasers,  which  deed  shall  convey  a  fee 
simple  or  leasehold  estate,  as  the  case  may  be,  in  and 
to  such  property ;  and  after  deducting  the  cost  of  sale, 
advertising  and  other  necessary  expenses,  he  shall  pay 
the  balance  of  the  purchase  money  to  the  Register  of 
the  City,  who  shall  pay  over  the  same  to  the  person  or 
persons  entitled  thereto,  first  deducting  the  sum,  if  any, 
assessed  as  benefits  to  said  person  or  persons ;  the  pay¬ 
ment  to  be  made  on  demand  without  interest. 


224.  After  the  City  Commissioner  shall  have  issued 

Ibid.,  Sec.  58. 

liis  warrant  approved  by  the  Mayor,  to  the  collector, 

send  out  pav-  for  the  collection  of  any  tax  or  assessment  for  the  pav¬ 
ing  tax  bills. 

ing  or  repairing  of  footways,  which  tax  shall  be  a  lien 
on  the  lot  or  lots  in  front  of  which  said  paving  or  re¬ 
pairs  have  been  made,  and  shall  have  also  delivered  to 
the  collector  a  list  of  the  names  of  the  person  or  per¬ 
sons  by  whom  the  taxes  or  assessments  are  due,  with 
the  amount  due  by  each,  it  shall  be  the  duty  of  said 
collector,  and  he  is  hereby  required  to  deliver  bills  of 


ORDINANCES. 


129 


tlie  same  to  said  person  or  persons,  with  a  notice  that 
if  not  paid  within  thirty  days  thereafter,  he  will  pro¬ 
ceed  to  collect  the  same  in  like  manner  as  herein  pro- 
vided  for  taxes  in  arrears  on  real  estate. 


225.  All  persons  and  corporations  having,  using  or  c^'c/,de-  ^ 
maintaining  any  telegraph,  telephone,  electric  light  or 
other  poles,  in  any  of  the  streets,  lane  or  alleys  of  the  J oS «apii e t -fc 
city  of  Baltimore,  shall,  annually  between  the  fif teentli  poles  to 
day  of  May  and  the  first  day  of  June,  in  each  and  every  missioned ,om" 
year,  file  with  the  City  Commissioner  a  list  of  all  such 
poles  so  used,  possessed  or  maintained  by  them,  giving 
the  accurate  locations  of  each  of  such  poles,  and  shall 
also  have  stamped,  painted  or  printed,  in  legible  char¬ 
acters,  their  name  as  owner  upon  each  of  such  poles. 


226.  All  telegraph,  telephone,  electric  light  and  other 
poles  in  any  of  the  streets,  lanes  and  alleys  of  the  city 
of  Baltimore,  (except  trolley  poles  used  exclusively  for  p°lesnotligtea. 
stringing  thereon  wires  for  use  in  the  propulsion  of 
street  passenger  cars),  which  have  not  been  included  in 
any  list  filed  in  accordance  with  the  first  section  of  this 
ordinance,  with  the  City  Commissioner,  or  upon  which 
the  name  of  the  owner  is  not  legibly  painted,  printed 
or  stamped,  or  upon  which  the  above-mentioned  license 
fee  has  not  been  paid,  or  on  which  the  above  prescribed 
tin  plate  is  not  securely  fastened  in  some  conspicuous 
place,  on  or  before  the  fifteenth  day  of  June  in  any  year, 
shall  be  forthwith  removed  by  its  owner,  and  in  default  Default, 
thereof  may  be  cut  or  taken  down  by  the  City  Commis¬ 
sioner  and  removed  from  the  streets  by  him,  in  addition 
to  the  said  owner  incurring  the  penalties  provided  in 
the  next  succeeding  section. 


130 


ORDINANCES. 


■aty  code ,  1893,  227.  Any  person  or  persons,  or  corporation  using, 

Art.  50,  Sec.  78. 

possessing  or  maintaining  any  telegraph,  telephone, 
list  of  poles  electric  light  or  other  poles  in  any  of  the  streets,  lanes 
missioned  and  alleys  of  the  city  of  Baltimore,  who  shall  fail  to 
file  with  the  City  Commissioner,  as  prescribed  in  Section 
74,  a  list  of  said  poles,  or  who  shall  fail  to  have  stamped, 
printed  or  painted  in  legible  characters,  his  or  its  name 
as  owner  upon  each  of  such  poles,  as  prescribed  in  said 
penalties.  gectiori  74^  by  the  fifteenth  day  of  June  of  each  and 

every  year;  or  who,  if  belonging  to  the  classes  required 
to  pay  a  fee  of  two  dollars  on  each  pole  by  Section  75, 
shall  fail  to  pay  the  said  fee  or  shall  fail  to  have  the 
tin  plate  therein  prescribed  securely  fastened  in  some 
conspicuous  place  by  the  said  fifteenth  day  of  June  of 
each  and  every  year,  upon  all  such  telegraph,  telephone, 
electric  light  or  other  poles  so  used,  possessed  or  main¬ 
tained  by  him  or  them,  shall  forfeit  and  pay  a  fine  of 
ten  dollars  for  each  pole  upon  which  he,  they  or  it  are 
so  in  default;  such  fine  to  be  collected  as  other  fines  and 
penalties  for  the  violation  of  city  ordinances  are 
collected. 


Ord.  No.  89,  228.  Nothing  contained  in  the  sections  of  this  arti- 

App.Mayi8,i8$i.  cie^  from  numbered  225  to  that  numbered  227, 

to^Hypoies^7  inclusive,  shall  be  deemed  or  held  to  apply  to  any 
pole  bearing  a  public  lamp  or  lamps  used  to  light  any 
street,  lane  or  alley,  or  other  public  place  in  the  city. 

WATER. 


aty  code ,  1893,  229.  In  all  cases  where  the  Water  Board  or  any  of 

J  their  agents  or  workmen  shall  take  up  the  pavement 


of  WaterBoard,  for  the  purpose  aforesaid,  and  shall  not  repave  the  same 

City  Commis¬ 


sioner  shall  in  a  reasonable  time,  at  the  discretion  of  the  City  Corn- 

repair  and  re- 

111  issioner,  the  said  Commissioner  shall  give  notice  to 


repair 

pave 


ORDINANCES. 


131 


the  said  Board  to  have  same  immediately  repaired ; 
and  if  the  Board  refuse  or  neglect  to  have  it  done,  the 
City  Commissioner  shall  proceed  to  have  it  repaired  at 
the  expense  of  said  Water  Board. 


230.  It  shall  not  be  lawful  for  any  person  or  persons,  city  code,  1893, 
company  or  corporation,  to  remove  any  of  the  stone  or  4  v  ' 
brick  pavements  of  the  city  for  the  introduction  of  remote1 1  S.lve- 
water-pipes  without  permission  from  the  Water  Board,  saryta 
and  the  replacing  of  said  pavement  to  be  under  the 
superintendence  of  the  City  Commissioner,  at  the  ex¬ 
pense  of  the  party  removing  the  same ;  and  any  person 
or  persons,  company  or  corporation,  who  shall  violate 
this  section,  shall  forfeit  and  pay  a  fine  of  twenty  dol¬ 
lars,  to  be  applied  as  provided  in  Section  45  of  Article 
54  of  the  City  Code. 


231.  In  all  instances  where  the  pavement  of  any  Ibid^  Sec,  31. 
street,  lane  or  alley,  which  may  have  been  heretofore  Water  Board 
or  may  hereafter  be  opened  or  dug  up  by  said  Water  mentsaaugPSp?* 
Board,  has  not,  in  the  judgment  of  the  City  Commis¬ 
sioner,  been  well  and  effectually  repaved,  the  said 

Water  Board,  being  informed  thereof  in  writing  by  the 
said  Commissioner,  shall  forthwith  proceed  well  and 
effectually  to  repave  the  same,  and  the  expenses  thereof 
shall  be  chargeable  to  and  paid  by  the  said  Board. 

232.  Whenever  it  becomes  necessary  to  pave,  repave  Ibid,t  S6C,  32. 
or  repair  any  street,  lane  or  alley  in  the  city  of  Balti-  Water  slop8 
more,  it  shall  be  the  duty  of  the  paver  or  contractor  to  £  streSS ?opS 

m&r&Gd 

distinctly  mark  by  three  bricks  on  edge,  or  iron  box, 
all  Water-stops  of  private  water-pipes  leading  from  the 
city’s  main  pipes  to  the  property  opposite  to  which  the 


132 


ORDINANCES. 


Penalty. 


City  Code,  1893, 
Art.  54,  Sec.  33. 

Water  stop 
covered  by 
pavements  to 
be  marked. 


stop  may  be  found.  He  or  they  so  offending  shall  for¬ 
feit  and  pay  for  each  and  every  neglect  the  sum  of  ten 
dollars,  to  be  paid  to  the  Register  for  the  use  of  the- 
Water  Department. 

233.  It  shall  be  the  duty  of  the  owners  of  property,, 
plumbers,  bricklayers,  or  other  person  or  persons,  in 
paving  or  repaving  the  side  walks,  yards  or  alleys,  to 
distinctly  mark  by  three  bricks  on  edge,  or  iron  box,, 
the  water-stops  that  may  be  covered  by  said  paving  or 
repaving,  under  a  penalty  of  ten  dollars  for  each  and 
every  neglect  of  the  same;  to  be  paid  to  the  Register 
for  the  use  of  the  Water  Department. 


ADDENDA. 


Ordinance  No.  36,  approved  April  20,  1895,  authorizes 
the  construction  of  railway  tracks  in  certain  portions 
of  Edmondson  avenue,  Calverton  road,  Franklin  street, 
Monroe  street  and  Saratoga  street,  to  a  point  east  of 
Fremont  street  and  west  of  Howard  street,  by  the 
“  Edmondson  Avenue,  Catonsville  and  Ellicott  City 
Electric  Railway  Company”  and  “  The  Baltimore  Trac¬ 
tion  Company.” 


SEC.  PAGE. 

ACCOUNTS,  system  of .  29  39 

ADVERTISEMENT  for  proposals  for  grading,  etc .  153  97 

Of  apportionment  of  cost  of  paving .  154  98 

Of  property  charged  for  paving,  etc . *. .  156  99 

To  be  published  in  German  newspapers . .  14  33 

For  proposals  for  sewer  work . 109  79 

Of  application  to  grade  and  pave . 121  84 

ALTERING  grade  of  street  upon  certificate  of  Board 

of  Health .  28  23 

ANNUAL  Reports .  1,  171  29,  105 

ANNEX,  bridge  in .  35  20 

Grades  of  streets  in .  .  3G,  37  27 

APPEAL,  Commissioner  to  fix  expenses  of .  178  107 

T<3  Mayor  from  Commissioner .  176  106 

From  decisions  as  to  paying  costs,  etc .  156,  158  .  99,  100 

APPELLANT  to  file  bond  to  pay  cost  of  appeal .  177  107 

APPORTIONMENT  of  cost  of  paving .  154  98 

APPLICATION  for  digging  up  streets . 196  114 

ARTICLES,  certain,  not  to  be  kept  on  the  streets .  209  120 

ASPHALT,  Bermuda  and  Trinidad .  116  81 

ASSISTANTS  to  City  Commissioner . {  108 


BALTIMORE  street,  where  tracks  not  to  be  laid . 

BARCLAY  street,  where  tracks  not  to  be  laid . . 

BALTIMORE  &  Powhatan  Railway . 

BALTIMORE  &  Randallstown  Railway . 

BALTIMORE  &  Canton  &  Point  Breeze  Railway . 

BALTIMORE  &  Lehigh  Railroad . 

BALTIMORE  &  Peabody  Heights  &  Waverly  Railway.. 

BALTIMORE  Belt  Railroad . 

BALTIMORE,  Pimlico  &  Pikesville  Railway . . 


4 

10 

4 

10 

72 

56 

71 

56 

67 

55 

55 

51 

74 

57 

53,  54 

50,  51 

68 

55 

136 


INDEX. 


SEC.  PAGE. 

BALTIMORE  &  Potomac  Railroad .  49  48 

BALTIMORE  and  Yorktown  Turnpike .  78  59 

BALTIMORE  Traction  Company,  (Addenda) .  133 

BELGIAN  block,  dimensions .  184  109 

BIDDLE  street,  where  tracks  not  to  be  laid .  4  10 

BIDS,  opening .  17  34 

BOLTON  lot . 85  62 

BOND  of  sewer  contractors .  110  79 

Of  City  Commissioner  and  Assistants .  165  103 

Conditions  in,  of  contractors .  19  34 

Of  contractors,  secuiity . .  18  34 

Of  telephone  company  using  conduit .  193  113 

Of  contractors  for  paving,  etc . 136  90 

BLOCKS,  Belgian,  dimensions . 184  109 

BRIDGES,  repairs  of . 180  108 

In  Annex . 35  26 

And  turnpikes,  power  of  city  to  purchase .  34  26 

BROADWAY,  where  tracks  not  to  be  laid .  2  10 

BRUSH  Electric  Company .  216,  217  123,  125 

C 

CABLE  for  police  wires  in  conduits . 192  113 

For  fire-alarm  wires  in  conduits . 192  113 

CALVERT  street,  where  tracks  not  to  be  laid  on  .  2  9 

CAROLINE  street,  where  tracks  not  to  be  laid  on .  6  11 

CATHEDRAL  street,  where  tracks  not  to  be  laid  on...  2  9 

CENTRAL  Railway .  63,  64  54 

CHESAPEAKE  and  Potomac  Telephone  Company,  to 

put  wires  in  conduits .  189  111 

CITY  Commissioner,  duties  of .  167,  169  104 

CITY  Commissioner’s  Clerk .  168  104 

CITY  Surveyor . 218,  219,  220  125  to  127 

CITY  Passenger  Railway .  60,  61  53 

CITIZENS’  Railway . 62  53 

CITY  and  Suburban  Railway .  77  58 

CLERK  to  City  Commissioner .  168  104 

COLLECTION  of  tax  for  paving,  etc .  126,  127  86,  87 

COMMISSIONER  to  direct  expenditures . .  170  105 

COMPTROLLER  to  examine  all  contracts  made  by  city .  21  35 

To  withhold  warrant  in  certain  cases .  4  30 

COMPENSATION,  no  extra,  to  contractors .  13  32 


■ 


r 


INDEX.  137 

SEC.  PAGE. 

CONDUITS,  payment  for  use  of .  .  191  112 

No  exclusive  rights  to .  190  111 

Telephone  wires  to  be  put  in .  189  111 

For  telephone  wires .  32  24 

CONDITIONS  in  bonds .  19  34 

CONTRACTORS,  no  extra  compensation  to .  13  32 

Not  to  be  paid  in  full  for  two  years .  138  91 

Bonds .  18  34 

CONTRACTS  for  supplies  under  $200 .  20  35 

For  city  work,  advertised .  15  33 

How  awarded .  16  33 

For  paving,  etc .  122  84 

City  officials  not  to  be  interested  in .  12  31 

CONSTRUCTING  sewers,  power  of  city .  7  12 

CROSS  streets,  paved  at  expense  of  city . ; .  133  89 

ID 

DEPARTMENTS  to  report  indebtedness .  2  29 

DIGGING  up  streets  without  permit,  penalty .  194,  195  114 

Unpaved  streets,  removing  dirt,  etc.,  from . .  186,  195  109,  114 

DISBURSING  hours  of  officers .  .  30  40 

DOCUMENTS,  how  headed,  of  department .  173  105 


EDMONDSON  Avenue,  Catonsville  and  Ellicott  City 

Railway  (Addenda) . 

EDMONDSON  Avenue,  Catonsville  and  Ellicott  City 

Railway . 

ELECTRIC  light  poles,  permit  for . 

Removal  of . 

Tax  on . 

Lists  of,  to  be  filed . 

ELECTRIC  Storage  Company . 

EMPLOYEE  of  city  to  drive  own  cart . 

EMPLOYEE  of  city  to  drive  own  horse . 

EMPLOYEES  of  city,  hours  of  labor . 

ENTRY  for  repairing  sewers . 

EUTAW  street,  where  tracks  not  to  be  laid . 

EXPENDITURES  to  be  directed  by  Commissioner . 

EX  EE  DING  appropriation  by  officer . 

EXTRA  compensation,  none  to  city  contractors . 

EXCAVATIONS,  filling  up  . .'. . 


133 

80 

60 

213 

121 

213 

121 

227 

130 

225 

129 

79 

59 

8 

30 

8 

30 

1 

9 

179 

108 

5 

11 

170 

105 

3 

29 

13 

32 

187 

110 

138 


INDEX. 


IF1  ' 

SEC.  PAGE. 

FAILURE  to  keep  streets  in  repair,  penalty . 199  115 

FENDERS  on  cars . ! .  84  61 

FILLING  excavations .  187  110 

FIRE-ALARM  cable  in  telephone  conduit .  192  113 

FLAG-STONES .  182  108 

In  paving  contracts . . .  128  87 

FOOT  WAYS ,  care  of . . . .  140  to  143  92  to  94 

Tax  for .  144  94 

Money  for  collection  of .  145  94 

Grading  and  paving .  27  22 

Stone  paving  of .  149  95 


<3- 


GAS  Companies,  trenches  of  . 185  109 

Pipes,  power  of  city  to  regulate .  31  24 

Tar  into  sewers . 115  81 

GATES,  iron,  how  to  be  constructed . 203  117 

GERMAN  newspaper,  advertisements  in...  .  14  32 

GOUGII  street,  where  tracks  not  to  be  laid .  2  9 

GRADES  of  streets  and  Topographical  Survey........ .  215  123 

Opinion  of  City  Solicitor .  124  85 

Application  for  fixing .  118  82 

Establishment  of .  119  83 

On  request  of  property  owners .  120  84 

In  Annex .  37  27 

Power  to  change  grade  line .  18  18 

GRADING  when  paid  for  in  levy . 161  101 

GRAVEL . .  120,  121  84 

GUTTERS  regulated .  140  92 

GUTTER-PLATES,  stamp  on... . .  188  110 

H 

HALL’S  Springs  Railway .  65  54 

HIGHLANDTOWN  &  Point  Breeze  Railway .  66,  77  55,  58 

HORSES  not  to  be  shod  in  streets .  207  119 

HORSE  and  cart  employed  by  city,  owner  to  drive .  8  30 

HOURS  of  labor  for  city  employees .  1  9 


INDEX. 


139 


IMPROVED  pavements  to  be  guaranteed  for  five  years.  23 

INDEBTEDNESS,  departments  to  report . .  2 

INJURY  to  public  work .  181 

INSPECTION  of  contract  work .  131 

Of  footways . 148 

IRON  gates,  how  to  be  constructed .  203 


PA  OK. 

30 

29 

108 

88 

95 

117 


J 


JONES’  Falls .  34 

Threat  of  flood  in . . ; .  30 

Property  near,  to  be  walled .  37,  38 

Vessels  entering . 39,40,41 


41 

42 

43 
44,  45 


KERB  stones  not  required  on  narrow  streets  .  129 

KERB1NG  on  application  of  property  owners .  120,  121 

Opinion  of  City  Solicitor . 124 

On  narrow  streets .  129 

Set  in  sand . 130 


LABOR,  hours  of,  for  city  employees .  1 

LAMPS  to  be  put  on  piles  of  bricks,  etc .  180 

LANDMARKS .  174 

LAW  officers  to  give  opinion  on  proceedings  taken  by 

City  Commissioner . 124 

LINES  of  streets .  174 

To  be  established  before  houses  are  built . . .  175 


MANUFACTURERS  of  city  given  preference. .  22 

MATERIAL,  old,  to  belong  to  city .  23 

MAYOR  may  sign  petition  for  paving .  132 

McCULLOII  street  where  tracks  not  to  be  laid .  2 

MEASUREMENTS  of  work  to  be  done .  1GG 

MECHANICS  to  be  paid  weekly .  22 

Of  city  given  preference .  22 


87 

84 

85 
87 
87 


9 

109,  110 
105 

85 

105 

10G 


35 

3G 

89 

10 

103 

35 

35 


140 


INDEX. 


SEC. 


MOSAIC  pavement .  117 

MOUNT  Royal  avenue,  where  tracks  not  to  be  laid .  2 


NICHOLSON  pavement .  163 

NORTH  Avenue  Electric  Railway .  73 

NORTH  Avenue  Railway .  09 

NORTH  Baltimore  Passenger  Railwav .  74 

NORTH  Baltimore  Railway . . .  70 

NORTH  avenue,  bed  of,  treated  as  any  other  street... ...  33 

NOTICES  to  parties  charged  for  paving,  etc .  157 

NOTICE,  sixty  days’,  of  application  for  passage  of  or¬ 
dinance  to  open  street .  16 

Thirty  days  before  Commissioner  executes  ordinance 

opening  street .  17 


O 

OBSTRUCTIONS  in  streets .  . 

OFFICE  under  city,  only  one  to  be  held . 

OFFICER  of  corporation  exceeding  appropriation  per¬ 
sonally  liable . . .  . . 

Of  corporation  contracting  for  city  work  without 

authority  personally  liable . 

Of  corporation  to  be  notified  when  personally  liable.... 

OLD  material  to  belong  to  city . . 

ONE  office  only  to  be  held  under  city . 

OPENING  streets,  sales  in  consequence  of . 

Who  deemed  owner  on  application  to  open  streets . 

ORDINANCES  as  to  paving . 

OWNER,  who  deemed  on  application  to  open  streets.  .. 


206 

7 


3 


23 

152 


PAVED  streets,  digging  up .  195 

PAVEMENTS,  improved,  to  be  guaranteed .  .  23 

Asphalt . . .  116,  117 

Belgian  ....’. .  184 

Mosaic .  117 

Solicitor’s  opinion .  124 

Rubble .  130 


PAGE. 

82 

9 


102 

57 

55 
57 

56 
25 

100 

17 

17 


118 

30 

29 

29 

30 
36 
30 

128 

21 

96 

21 


114 

36 

81,  82 
109 
82 
85 
87 


INDEX. 


141 

SEC.  PAGE. 

PAVING  streets  on  application  of  property  owners .  120,  121  84 

Streets,  levying  assessment  for .  .  21  20 

Streets,  when  paid  for  by  city .  101  101 

PAVING,  grading,  etc.,  advertisement  for .  153  97 

Along  Jones’ Falls . . .  34  41 

PAYMENT  of  contractors  for  paving .  120  80 

For  grading...  . .  120  80 

For  kerbing . 120  80 

PEOPLE’S  Railway .  75  57 

PEOPLE’S  Passenger  Railway .  75  57 

PERMITS  for  digging  up  streets .  194  114 

For  digging  up  paved  streets .  195  114 

For  tearing  up  streets  and  erecting  poles,  etc .  213  121,  122 

PHILADELPHIA,  Wilmington  &  Baltimore  Railroad.  50  49 

PLATS  of  property  assessed  for  paving,  etc . . .  155  99 

From  Topograpical  survey  for  City  Commissioner’s 

office .  25  37 

POLES  and  posts,  permits  for .  213,  220  j  ^ 

Removal  of .  213  121,  122 

Tax  on .  225  129 

Lists  of,  to  be  filed .  227  130 

POLICE  cable  in  telephone  conduit .  192  113 

POWER  of  city  to  open  streets .  15  15 

PRIVATE  alleys,  repairing .  183  108 

Streets,  repairing .  183  108 

Wharves,  repairing .  183  108 

Docks,  repairing .  183  108 

PRIVILEGES,  payment  for  use  of  conduit .  191  112 

PROCEEDINGS  in  constructing  sewers .  9  12 

PROPERTY  owners’  option  as  to  paving .  163  102 

May  obtain  regrading .  134  89 

May  obtain  rekerbing .  134  89 

May  have  private  contract  for  paving,  etc .  135  90 

Duty  as  to  footway .  141,  143  92,  93 

Failing  to  pave  footway . 147  94 

Required  to  alter  grade .  151  95 

PUBLIC  work,  injury  to,  penalty .  181  108 


142 


INDEX. 


JEl 

SEC.  PAGE. 

RAILROAD  tracks,  city’s  power  to  regulate .  31  24 

Not  to  be  laid  on  certain  streets.,. .  2  to  0  9  to  11 

RAILROADS .  42  to  55  45  to  51 

Paving  between  rails .  .  42,  43  45 

Construction  of . 44  40 

Obstructions  of .  45  46 

Repairs  of  streets  by  . . .  82,  83  60,  61 

RE-ENACTMENT  of  railway  ordinances . . .  81  60 

REFUNDING  unused  paving  tax .  162  102 

REFUSE  material,  duty  of  Commissioner  as  to .  27  38 

To  be  sold  by  Comptroller .  26  38 

Account  of,  to  be  kept  by  Comptroller .  26  38 

REGISTER  to  notify  officers  when  they  become  per¬ 
sonally  liable  to  city . . 4  30 

REGISTERED  voters  only  to  be  employed  by  city .  5  30 

REPORT,  Annual,  of  Commissioners .  1,  171  29,  105 

REPAIRS  of  streets  by  railways .  82,  83  60,  61 

REPAIRING  sewers .  179  •  108 

Brid’ges .  180  108 

Docks,  private . 183  108 

Alleys,  private . 183  108 

Streets,  private . 183  108 

Wharves,  private . ' .  183  108 

REPAVING  streets,  failure  to  penalty .  199  115 

Commissioner  to  do  work  at  cost  of  party  failing. .....  200  116 

RUBBLE-STONE . 130  87 

S 

ST.  PAUL  street,  tracks  not  to  be  laid  on .  2  9 

SALARIES  not  attachable . 6  30 

To  be  paid  monthly .  6  30 

SAND  for  kerb  setting,  etc .  129  88 

SETTING  aside  paving  ordinances,  etc  .  159  100 

SEWERS,  advertisement  for  proposals  for  constructing  109  79 

Bonds  of  contractors  for . 110  79 

Obstructing .  . 8,111  12,79 

Entry  for  repairing .  7,  179  12,  108 

Constructing,  etc .  9  12 

Tapping .  112  79 

Private .  113,114  80 


INDEX. 


143 


SEC. 

Gas  tar  into .  115 

Opinion  of  Solicitor .  124 

City’s  share  of  cost .  13 

Benefits  assessed .  10 

Notice  given  before  passing  ordinance .  11 

Notice  after  passage  of  ordinance .  12 

SEWER  west  side  Jones’  Falls . 35 

SEWER  commission  constituted .  8G 

Oath  of . .  87,  88 

Clerk .  89 

Assessments  by . 90,91,92 

Advertisements  by .  93 

Proceedings  of .  89 

Appeal  from .  94,  95 

Transfer  of  returns  to  collector .  95 

Sales .  9G 

Lien  of  assessments  by .  99,  100 

Temporary  member  of .  101 

To  close  proceeding  in  90  days .  102 

To  discriminate  leasehold  and  fee  .  104 

To  remove  obstructions .  105 

Per  diem  of  . 10G 

Papers  to  be  deposited  with  Register . 107 

SIDEWALKS  to  be  unobstructed . . .  210 

SKILLED  labor,  how  obtained  by  Commissioner .  11 

To  be  employed  by  Commissioner . .  9 

Preference  to  registered  voters .  10 

SOLICITOR,  City,  opinion  on  paving,  grading,  etc .  124 

SPEED  on  railways .  79 

STAMP  on  gutter-plates .  188 

STEAM  railways .  48  to  55 

STEPPING-STONES  . 182 

STREETS  in  Annex . . 14,  37,  3G 

Digging  up . 186 

Lines  of . 174 

Obstructions  in .  206 

Opened,  public  highways .  22 

Work,  statement  on .  172 

Repairing .  82,  83,  200,  19G,  199 

Grades  of . 18,  118,  119,  120 

Paving . 21,  120,  121,  152 


PAGE. 
'  81 
85 
14 
14 
14 
14 
42 
G4 
64,  65 
65 
66,  67 
70 
65 
72,  74 
74 
74 

.  75,  76 

76 

77 
.77 

77,  78 

78 
78 

120 
31 
31 
31 
85 
59 
110 
47 
108 
15,  27 
109 
105 
118 
21 
105 

/  60,  61, 
1 114,  116 
18,  83,  84 
20,  84,  96 


144 


INDEX. 


SEC.  PAGE. 

Advertisement  for .  153  97 

Pavements . 116,  117,  130  81,  82,  87 

Opening . 15  15 

STREET  passenger  railway,  sand  on  track .  59  52 

Crossing  of  bridges  by . .56  51 

Repairs  to  streets  by . .  57,  58  52 

SUPPLIES,  contracts  for,  under  $200  not  to  be  adver¬ 
tised  .  20  35 

Copy  of  order  for  to  be  kept .  32  41 

Paid  for  only  on  written  order .  32  41 

SURVEYOR,  City .  218  125 

SURVEYS  for  sewers .  108  -  78 

T 

TAX  for  paving,  kerbing,  grading,  etc . 125,  126, 127  85,  86,  87 

TAXES  for  paving . . .  221  127 

Plat  of  property  taxed .  222  128 

How  collected . 224  128 

Ompoles .  255  129 

TEARING  up  streets,  penalty . 212  121 

TELEPHONE  wires  to  be  laid  in  conduit .  189  111 

TEN  per  cent,  on  contracts  to  be  retained . . .  23,  138  36,  91 

TOPOGRAPHICAL  Survey .  24  37 

TRACKS  of  railways  not  to  be  laid  on  certain  streets...  2  to  6  9  to  11 

TRACTION  Company .  62  53 

TREES,  injury  to . 208  119 

TRENCHES  not  to  be  laid  without  permit .  198  115 

Of  gas  companies . 185  109 

TURNPIKES  in  city  may  be  ceded .  29  23 

In  city  may  be  purchased .  30  24 

And  bridges,  power  of  city  to  buy .  34  26 

TT 

UNCOMPLETED  contracts,  annual  report  of  by  Comp¬ 
troller .  21  35 

UNION  Railroad .  51  49 

UNION  Passenger  Railway .  76,  77  58 

■v 

VAULTS,  police  to  notify  Commissioner  of  Construction.  201  117 

To  be  of  stone  or  brick .  202  117 


INDEX. 


145 


SEC.  PAGE. 

To  be  enclosed .  204  118 

VOTERS,  registered,  only  to  be  employed .  5  30 

When  other  than  registered,  to  be  employed .  10  31 

t 

WARRANTS,  how  to  be  headed .  173  105 

WATER  Board  and  pavements . . 229  to  231  130,  131 

WATER  stops  to  be  marked .  232,  233  131,  132 

WESTERN  Maryland  Railroad  Terminal .  52  50 

WESTERN  Maryland  Railroad .  52  50 

WESTERN  Maryland  Tidewater  Railroad .  ,*>2  50 

WIIARVES  and  streets,  private,  how  paved . . .  26  22 

WILLFULLY  stopping  up  sewers,  penalty .  8  12 

WORK  done  on  streets,  statement  of .  172  105 

WORK,  hours  of,  for  city  employees .  1  9 

WRITTEN  order  for  work  and  supplies .  31  40 

YORK  Road. .  78  59 


